
    HARRISON v. BUREM.
    (S. C., Thomp. Cas., 152-153.)
    Knoxville,
    September Term, 1858.
    1. PLEADING. Declaration for malicious prosecution.
    A declaration in an action for malicious prosecution containing- no averment that the maliciously prosecuted suit is at an end, or that it was prosecuted maliciously and without probable cause, is bad.
    2. SAME. Declaration for slander to title.
    A declaration in an action for slander of plaintiff’s title which does not impute to defendant the speaking of any words, is bad. [For declaration for slander of plaintiff, see Code, see. 4660, subsec. 20.]
   Wright, J.,

delivered the opinion of the court:

The declaration in this cause cannot be sustained as an action, for the prosecution of a malicious suit, because it contains no averment that the suit is at an end, or that it was prosecuted maliciously and without probable cause. Nor can it be maintained as an action for the slander of the plaintiff’s title. It imputes the speaking of no words to defendant; and is, in other respects, wanting in the averments necessary for such an action. And we have been unable to find authority to sustain it on any other ground.

Judgment affirmed.  