
    Gorrell v. Snow.
    Malicious Prosecution.—Pleading.—In a complaint for malicious prosecution the plaintiff must aver that the prosecution claimed to have been malicious has terminated in his acquittal or discharge.
    APPEAL from the Wrells Circuit Court.
    Action by the appellee against the appellant. The complaint was in two paragraphs, a demurrer to each of which was overruled. Au answer of general denial was filed, and the issue thus formed was tried by a jury. Yerdict and judgment for the plaintiff.
    
      J. it. Goffroth, for appellant.
   Erazeb, J.

The only question before us is, did the court below err in overruling a demurrer to the second paragraph of the complaint? The action was for malicious prosecution, and that paragraph failed to aver that the prosecution claimed to have been malicious had terminated in the plaintiff’s acquittal or discharge. For this omission the appellant insists that the paragraph was had. So are the authorities. 1 Chit. PI. 679; Whitworth v. Hall, 2 B. & Ad. 695.

Reversed and í-emánded, with direction to sustain the demurx’er.  