
    [*] HAINS against ELWELL. [618]
    OS CERTIORARI.
    A charge for complaint against a plaintiff before a grand jury, without alleging their rejecting the complaint, is insufficient.
    The action below was brought on the following state of demand:
    The plaintiff complaineth of the defendant for this, to wit, that the plaintiff did, in September, or court term,' 1810, make a malicious complaint to the grand jury, without having any just cause, to the great damage of the plaintiff.
    Then followed a number of charges for attending court on State process, employing an attorney, witnesses’ fees, &c. There was a trial, verdict and judgment for the plaintiff' below, $8.
    
      Elmer moved the reversal of this judgment, on the ground of the insufficiency of the state of demand in various respects ; particularly, that it contained nothing more than the defendant had complained to the grand jury, by which the plaintiff had been put to expense, without alleging any fact whereby malice or vexation could be shown.
   By the Court.

There is, at all events, one fatal error, that it does not set out that the plaintiff below was acquitted, or otherwise discharged on the ground of his innocence.

Judgment reversed.  