
    Samuel S. Marley vs. William L. Duff.
    Pleading — Declaration—Uncertainty—Demurrer.
    A declaration which alleges that defendant maliciously and unlawfully without a warrant, and without any reasonable cause, procured the arrest of plaintiff near midnight in his own house, is demurrable, because it is uncertain whether the cause of action is in trespass or in case.
    
      (May 11, 1911.)
    Pennewill, C. J., and Boyce, J., sitting.
    
      Julian C. Walker for plaintiff.
    
      Frank L. Speakman and Sylvester D. Townsend, Jr., for defendant.
    Superior Court, New Castle County
    May Term, 1911.
    Capias Case
    (No. 19
    January Term, 1911).
    Slander.
    Demurrer to declaration.
    This is an action of trespass on the case for alleged slander. The declaration contains ten counts. Counsel for the defendant pleaded to the first nine counts and filed a special demurrer to the tenth, or last count,- which charged that the “said defendant, heretofore, etc., on etc., in etc., falsely and maliciously and unlawfully with force and arms, without a warrant, and without any reasonable or probable cause, caused and procured the said plaintiff to be arrested, near midnight, in his own house,” etc. Among the causes of demurrer relied upon, objection was made that “said count is ambiguous and uncertain, in that it is impossible to determine therefrom whether the plaintiff seeks to recover for direct or consequential injuries.”
   Pennewill, C. J.

It is uncertain from the tenth count in the declaration whether the plaintiff’s alleged cause of action is intended to be laid in trespass or in case.

The demurrer is sustained.  