
    ELKINGTON against DEACON.
    OH CERTIORARI.
    In action for malicious suit, special circumstances must be charged.
    
    The plaintiff in certiorari, had brought an action against the defendant, before Justice Burr, of Burlington county, for $3; the justice, after hearing the evidence, nonsuited the plaintiff The defendant, Deacon, then brought an action against him, before Justice Adams, for a malicious and groundless prosecution; and after trial and verdict, obtained a judgment for $15, and $7.49 costs. To reverse this judgment, this certiorari is brought.
    
      Mr. Griffith, for the plaintiff in error,
    contended, that an action could not be maintained in this case; which was nothing more than a common case of an action being brought, and the plaintiff nonsuited.
    
      Mr. M’llvaine, for the defendant,
    said that the state of demand charged a malicious and groundless prosecution.
    
      
       Vide ante, *156. — Ed.
    
   By the Court.

— This action cannot be maintained, at least, without the special circumstances of malice, oppression and injury, being set out in the declaration.

Judgment reversed.  