Newell v. Downs

Case for slander and malicious prosecution. The declaration contained ten counts. To the first two, a nolle prosequi was entered. To the remaining eight, the ge-' neral issue was pleaded, upon which the cause was submitted to a jury and entire damages given for the plaintiff. A new trial was moved for, refused, and final judgment rendered for the damages assessed by the jury.

The seventh count of the declaration was faulty in describing a cause of . action that accrued subsequently to the commencement of the suit, and upon which count, it may be stated, evidence was given. These facts are…