
    [*] DESPREAUX against SMOCK.
    ON CERTIORARI.
    In a suit for a malicious prosecution, special circumstances of malice, &c. must be precisely alleged.
    The action before the justice, was brought by Smock against Despreaux, on the following state of demand, to wit:
    The plaintiff demands of the defendant, the sum of $76.59, for [545] this, to wit: whereas the defendant, on the 30th day of January, Í808, and at sundry other times, commenced against the plaintiff sundry malicious and vexatious prosecutions to my damage, as above stated, as per account annexed.
    Then followed sundry items of expenses and costs, in all, $76.50. The insufficiency of the state of demand was assigned for error.
    
      Hunter, for plaintiff.
   By the Court.

We have repeatedly determined this question. If the action is to be maintained at all in the case of vexatious and oppressive civil prosecutions carried on from malice, the special circumstances of the oppression and malice must be set out with precision in the state of demand.

Judgment reversed.  