District Court, District of Columbia October 15, 1801 (Sheehee v. Resler)

Cranoh, J.

As the gist of the action is malice and the want of

probable cause, the plaintiff must show the want of such cause; which will admit the defendant to give in evidence on the general issue the same facts which he has pleaded specially. Consequently, it- is not necessary to the merits of the case that they should be specially pleaded.