
    [459] COURTER against WOOD.
    ON CERTIORARI.
    In action for malicious suit, special facts of malice, &c., must be charged.
    The action below, was brought to recover damages for a malicious prosecution. The state of demand charged the defendant below, who is the plaintiff in certiorari, with bringing an action against him before Justice Martin; and also charges that the action brought before Justice Martin, was instituted by Courter maliciously and vexatiously, but does not set out the particular facts relative to the malice and vexation.
   By the Court.

The circumstances of malice, vexation and oppression, must be set out in the state of demand, or the action cannot be sustained.

Judgment reversed.'  