References: [1795] EngR 3039, (1795) 3 Salk 16, (1795) 91 ER 664 (B)

Coram: Holt CJ
Ratio: Case for causing and maliciously procuring the plaintiff to be indicted for a riot. It was held by Holt, Chief Justice, it is not sufficient that the plaintiff prove he was innocent but he must prove express malice in the defendant; he likewise held, that this action is not grounded upon the conspiracy, but in the damage, and therefore the plaintiff must prove his damages, otherwise the action will not lie : but in a writ of conspiracy it is otherwise, and where such a writ is brought, if one is acquitted the other cannot be found guilty.
Holt CJ said: ‘if he shew any special matter, whereby it appears to the court that it was frivolous and vexatious, he shall have an action’.
This case cites:

  • See Also – Savill v Roberts CCP (Commonlii, [1738] EngR 679, (1688-1710, 1738) Holt KB 150, (1738) 90 ER 981 (A), Carthew 416, 5 Mod 394)
    On a writ of error of a judgment in CB in an action on the case in nature of a conspiracy, brought by Roberts against Savill and others, for maliciously causing him the said Roberts to be indicted, with other persons, of a riot, of which he had been . .
  • See Also – Savill v Roberts (Commonlii, [1741] EngR 302, (1741) Carth 416, (1741) 90 ER 841)
    The plaintiff, Roberts, was entitled to recover £11 damages in proceedings for malicious prosecution, the defendant having maliciously caused Roberts to be indicted for causing a riot, and Roberts having been acquitted. The £11 was the . .
  • See Also – Savill v Roberts CCP (Commonlii, [1790] EngR 1720, (1790) 3 Ld Raym 264, (1790) 92 ER 679)
    . .
  • See Also – Savile v Roberts (Commonlii, [1792] EngR 2096, (1792) 1 Ld Raym 374, (1792) 91 ER 1147)
    D had maliciously caused C to be indicted for riot. Following his acquittal C sued D for malicious prosecution. The court affirmed the judgment which had been given for C.
    Held: It was irrelevant that D had not been part of a conspiracy. An . .


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