¶1CASE. The Plaintiff declares that one Sam’l. Reed, Jr., on, &c.—made his promissory Note to Plaintiff, and therein for Value received promised the Plaintiff, &c. — and afterwards on, &c. —at, See.—the said Samuel Reed, Jun., engaged the Defendant to pay the Contents of said Note to Plaintiff for him and bring him said Note; and the Defendant paid said Contents, and thereupon the Plaintiff delivered him said Note to deliver to said Reed; which the Defendant did not do, but maliciously, &c. — on, &c. — at, See. — in the Name of one P. Pike, and without his Knowledge, did procure a certain Writ of Attachment against the laid Plaintiff, upon said Note, to be issued by J. Prescott, one of his Majesty’s Justices, &c.—to attach, &c. — (as in the Form of the Writ)—to answer *327said Pike in a Plea, &c.— in which Writ and Declaration it was falsely alledged that the Plaintiff had, on, &c. — endorsed the said Note to said Pike, which said Writ was afterwards, on, served, and the Defendant afterwards, on, &c. — did enter said Action commenced as aforesaid without the said Pike’s Knowledge, and thereupon the Plaintiff was put to great Expense, &c.
¶2“Judgment that the Writ, &c. abate.
¶3 Incorrect. The exception being to the declaration, and not to the writ, the judgment entered was that of nil capiat per breve. See Steph. Pl. (ed. of 1824) 128.
¶4*328“& defends & c., and prays Judgment of the Plaintiff’s said Writ & “ Declaration aforesaid. 1st. Because he faith that the said Parker hath “ not set forth what Judgment was rendered by the said Prescott, a Jut “ tice as aforesaid in the said pretended Action of Perley Pike against “ the said Samuel Parker, andly. Because by the Pit’s own shewing “ in his said Declaration he could have sustained no Damage but what “ must have been duly considered in the regular Course of Law by the “ said Justice in the Action aforesaid of the said Pike & Parker. 3rdly “ & lastly, because by the Pit’s own shewing, it doth not appear that “ he hath suffered any Damage by Reason of the Deft’s supposed Con- “ duct: all which the said Willard is ready to verifie, wherefore he prays “ Judgment of the Pit’s said Writ & Declaration, and that the same may “ be quashed, and for his Costs.
¶5“ F. Quincy, Jun''
¶6“ The foregoing Pleas in Abatement being argued by the Council for “ the Parties were overruled by the Court.
¶7“ Tbad. Mason, Cler."
¶8“ Saving which, if overruled & reserving Liberty of giving any new “ Plea on the Appeal, the said Aaron faith that he is an honest Man and “ thereof puts, &c.
¶9“ J. Quincy, Jun.”
¶10“ And the said Parker, consenting as above, says the Plea aforesaid is “ insufficient, & prays Judgment for his Damage & Costs.
¶11“ Jon. Se’wall.”
¶12“ And the said Willard sfays his said Plea is sufficient, & prays Judg- “ ment thereof & for his Costs.
¶13“ N Quincy, Jun."