White v. Fox

OPINION of the Court, by

Ch, J. Edwahds.

— The declaration in this case contains two counts, one for a malicious prosecution, the other for the publication of a libel. In April 1805, a writ of enquiry was awarded, in which situation the cause stood as to the pleadings, till June term 1807, when the defendant in the circuit court offered a special plea of probable cause, &c. and moved thereon to set aside the writ of enquiry, which motion was overruled by the court, upon the ground that the court had a discretion to refuse to admit such a plea in that stage of the cause ; and that discretion…