
    Vanduzor against Linderman.
    ALBANY,
    Jan. 1813.
    No action-lies merely ior hringingasuit, without sufficient ground. To sustain a suit for a former prosecution, it must he without cause, and ma* licious. Such a suit is not cognisable before a justice.
    IN ERROR, on certiorari, from a justice’s court. Linderman sued Vandusor, before the justice, and declared against him for the loss of the service of his son, whilst defending a certain suit, brought against him by Vandusor; and for money paid by Linderman, in behalf of his son, in and about defending the same suit, &c.
    There was a trial by jury, and a verdict for the plaintiff, for three dollars, on which the justice gave judgment.
   Per Curiam.

No action lies merely for bringing a suit against a person without sufficient ground. (Savil v. Roberts, 1 Salk. 13. Purton v. Honnor, 1 Bos. Sr Pull. 205.) To sustain a suit for a former prosecution, it must appear to have been without cause, and malicious: and an action for malicious prosecution is not cognisable before a justice.

Judgment reversed.  