
    SCOTT vs. FLETCHER.
    
      Appeal. Case for malicious prosecution.
    
    In what cases character may be given in evidence.
    Copies of depositions read in the court below cannot be read, the originals should be sent up under seal.
    Grundy for plaintiff.
   Overton, j.

In questions of tort, or quasi tort, where the injury alledged is doubtful, character may be given in evidence. The injury either wholly, or in some degree, must depend upon intention, and to ascertain this, in doubtful cases, character becomes a material enquiry.

Upon this point, Powel, j. doubted.

Humphreys, j. having been employed, was absent.

Stewart argúendo,admitted that depositions taken in the county court, and used there, might be used here without proof of notice.

Powel, j. and Overton, j. after argument, stated that copies of depositions used in the court below, cannot be read here. The originals should have been sent up under seal. 
      
       See 3 Caine's R. 220.
     