
    PARKER’S Administrators against FRAMBES.
    OS OEETIOKAEI.
    In action for vexatious suit, circumstances of vexation must be charged. Execution 'without judgment.
    
    Frambes was plaintiff before the justice, and brought his action against the administrators to recover cash alleged to be paid by him, and other expenses in consequence of the intestate’s having commenced a vexatious suit against him in the common pleas. The state of demand was $51.33; no circumstances of [*] vexation in the commencement of the suit in the common pleas, were set out. The items of the account were for cash laid out, time and expenses for himself and horse, &c., about the suit. There was a jury trial, and verdict for plaintiff for $47, no judgment entered thereon, but execution issued. The court being of opinion, in the first place, that the state of demand was wholly insufficient to ground an action on; and second, that no judgment having been rendered, it was error to issue execution; that, therefore, the whole proceeding before the justice must be set aside, and rendered null and void. It was not, therefore, necessary to decide the question, whether the action would lie against administrators, it being founded on a tort of the intestate, which question was also raised in the case.
    
      Pearson, for plaintiff.
    
      
       Vide post, *318, *319, *529, *848, *944, *977. — Ed.
    
   Cited in Krumeick v. Krumeick, 3 Gr. 39.  