summons against the said plaintiff, and in favor of the said Randy June as plaintiff therein, as follows, to wit:

"To Any Constable of Said County, Greeting: In the name of the people of the state of Michigan, you are hereby commanded to summon John Antcliff, if he shall be found in your county, to appear before me, one of the justices of the peace in and for said county, at my office in Columbia, on the 11th of January, A. D. 1887, at ten o'clock in the forenoon, then and there to answer to Randy June, in a plea of trespass on the case upon promises, to his damage three hundred dollars or under.

"Hereof fail not, but of this writ, with your doings, make return according to law.

"Given under my hand at Columbia, Jackson County, this third day of January, A. D. 1887.

"JOSEPH GRISWOLD,

"Justice of the Peace.'

"And the said defendants afterwards, to wit, on the same day of the date of said summons, delivered the same to one Michael Brenner, who claimed to be a deputy sheriff of the county of Washtenaw, and then and there, without any reasonable or probable cause whatever, caused and procured the said pretended deputy sheriff of the county of Washtenaw to serve the said summons, so issued as aforesaid by said justice of the peace, upon the plaintiff in the said county of Washtenaw, he, the said plaintiff, being then and there a resident of the said county of Washtenaw, and not of the county of Jackson; and the said Michael Brenner, as such deputy sheriff as aforesaid, returned the said summons to the said justice on or before the return day thereof, with a return of personal service thereon indorsed by him, and filed the same with the said justice of the peace; and afterwards, to wit, on the eleventh day of January, 1887, the said defendants, without any reasonable or probable cause whatsoever, caused and procured the said justice of the peace then and there to give and enter in his docket a judgment in favor of said Randy June, and against this plaintiff, for the sum of $300 damages and $2.60 costs of suit, they, the said Randy June and J. Reid Crowell, knowing that the said justice had no jurisdiction of the said pretended cause so pending before him.

"And thereupon the said defendants afterwards, to wit, on the seventeenth day of January, A. D. 1887, falsely and maliciously, and without any reasonable or probable cause whatsoever, went and appeared before said justice of the peace, and then and there made and filed with the said justice an affidavit of the said J. Reid Crowell, for the purpose of obtaining a transcript of the said pretended judgment to be filed in the office of the clerk of the circuit court for the county of Jackson, and then and there obtained such transcript of said justice, in due form, duly certified by said justice; and afterwards, to wit, on the same day last mentioned, they, the said defendants, caused and procured the said transcript, so obtained as aforesaid, to be filed in the office of the circuit court for the county of Jackson, and the same was by the said clerk then and there duly entered and docketed as a judgment of the circuit court for the county of Jackson; and at the same time of entering and docketing said transcript judgment they, the said defendants, falsely and maliciously, and without any reasonable or probable cause whatsoever, caused and procured the said clerk of the circuit court for the county of Jackson to issue an execution upon said pretended judgment, in due form, dated the said seventeenth day of January, and directed to the sheriff of the county of Washtenaw, and afterwards, on the same day last aforesaid, went and delivered the said execution to William Walsh, then sheriff of the said county of Washtenaw.

"And afterwards, to wit, on the twenty-seventh day of January, A. D. 1887, the said defendants caused and procured the said sheriff of Washtenaw County to go and enter upon the premises of the plaintiff, and then and there to demand from said plaintiff payment of the said execution, and then and there threatened the said plaintiff that if he did not immediately pay the same, then the said sheriff should and would at once levy upon and seize all of the personal property of said plaintiff upon said execution, and sell the same to make the amount thereof; and the said defendant J. Reid Crowell was then and there present with the said sheriff, aiding as the attorney and agent of the defendant Randy June, and assisting and directing the said sheriff, and then and there stated to the plaintiff that said execution was good and valid, and he would have to pay the same; and then and there, by means of said representations last mentioned, and the threats aforesaid, so made by said sheriff, to seize and

sell the property of said plaintiff, they, the said defendants, falsely and maliciously, and without any reasonable or probable cause whatsoever, procured and forced the said plaintiff to pay to the said defendants, against his will, a large sum of money, to wit, the sum of $240, as satisfaction of said pretended execution and the pretended judgment upon which the same was issued, and the plaintiff did then and there pay the same to the said William Walsh, sheriff as aforesaid, and the said defendant J. Reid Crowell, attorney for said defendant Randy June, then and there received the same in full satisfaction aforesaid.

"SECOND COUNT.

“And whereas, also, the said defendants, without having any reasonable or probable cause for so doing, but contriving and intending to harm, oppress, and injure the said plaintiff, falsely and maliciously went and swore out a summons in favor of said defendant Randy June, and against the plaintiff, before Joseph M. Griswold, a justice of the peace of the township of Columbia, in said county of Jackson, on the third day of January, A. D. 1887, and returnable before said justice on the eleventh day of said January, 1887, at ten o'clock in the forenoon of that day, they, the said defendants, then and there well knowing that the said pretended plaintiff in said suit had no just cause of action whatever against the said plaintiff of any kind, and that said plaintiff resided in the county of Washtenaw, and not in said county of Jackson, and they, the defendants, then and there falsely and maliciously intending to so use the said summons, so issued as aforesaid, as to obtain an illegal and fraudulent judgment against the said plaintiff for a large amount of money, to wit, the sum of three hundred dollars, and to obtain an execution, and to use the same for the purpose of extorting the said amount of money from said plaintiff.

"And such proceedings were thereupon had that afterwards, to wit, on the said eleventh day of January, A. D. 1887, the said defendants appeared before the said justice, at his office in said township of Columbia, at the hour mentioned in the said summons for the return thereof, and then and there caused and procured the said justice to enter and docket a judgment in favor of said Randy June, and against the plaintiff, for the sum of $300 damages and $2.60 costs of suit, which said pretended judgment was illegal, fraudulent, and void, as Faid defendants well knew; and the said defendants after

wards, to wit, on the seventeenth day of January, 1887, falsely and maliciously caused and procured the said justice to make and issue a transcript of said pretended judgment in due form, and duly certified by said justice, and afterwards, to wit, on the same day last mentioned, filed the said transcript in the office of the clerk of the circuit court for the county of Jackson, and then and there caused the said clerk to enter and docket the same as a judgment of the circuit court for the county of Jackson; and at the same time of entering and docketing said transcript judgment, the said defendants caused and procured the said clerk of the circuit court to issue an execution upon said pretended judgment in due form, and directed to the sheriff of said county of Washtenaw, and on the same day delivered the said execution to William Walsh, sheriff of said Washtenaw County; and afterwards, to wit, on the twenty-seventh day of January, 1887, the said defendants caused and procured the said William Walsh, sheriff as aforesaid, to proceed to collect the said execution from the plaintiff, and force him, the said plaintiff, to pay the same; and the said plaintiff, then and there, against his will, and protesting that he was not liable to pay the same, or any part thereof, was forced and compelled by said sheriff, in order to protect his property from levy and sale, to pay the same to him, and did pay to him, for said defendants, the sum of $240 in money, all which said several grievances in this court mentioned were done and committed by said defendants against the plaintiff, falsely, and maliciously, and without any reasonable or probable cause whatsoever.

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"By reason of which said several premises the said plaintiff has been and is greatly injured, and put to large expense and trouble, and to great anxiety, and has been and is otherwise. greatly injured in his credit and circunstances, to the damage of the plaintiff of five thousand dollars, and therefore he brings this suit. "HEWETT AND FREEMAN, Plaintiff's Attorneys. "AUSTIN BLAIR, of Counsel."

It is claimed by defendant's counsel that the declaration is not good for malicious prosecution, first, because it alleges that an erroneous judgment was taken, and jurisdiction was lacking in the court resorted to, and that the facts show that the plaintiff denied the jurisdiction of the justice, and refused to participate in any manner in the proceedings directly produced by the prosecution; that he was therefore in no wise injured by the commencement of this suit and the taking of

this judgment; also, that no case can be found where an action for malicious prosecution has been sustained, where the pleadings show a determination in the original action against the party claiming damages for malicious prosecution.

The facts in the case do not show that plaintiff denied the jurisdiction of the justice, and refused to participate in the proceedings on that account. It is true he did not appear, because of the letter he received (which was probably sent to him by Crowell or a confederate, and which the court erred in not admitting in evidence); but afterwards, when the parties came to him with an execution issued upon a pretended judgment, docketed in the circuit court for the county of Jackson, and he was prevented from seeing an attorney, he was led to believe the judgment was a good one, and acted accordingly, and the purpose of the conspirators was accomplished; and the fact of the court not having jurisdiction, when it was not known by him at the time the injury by such prosecution was inflicted, cannot be used as a bar against his relief or remedy for such injury.

In Sweet v. Negus, 30 Mich. 406, it was held that where the want of jurisdiction did not appear upon the face of the warrant, it could not bar the action; and the point whether, when the justice had by law no jurisdiction of the subject-matter, or a total want of jurisdiction otherwise appears upon the face of the warrant, the proceedings could properly be called a prosecution, was expressly not passed upon. I am satisfied, however, that if the wrong and injury is done by a malicious suit, it is immaterial, upon principle, whether the court had jurisdiction or not to entertain such suit. For every malicious wrong there is certainly in this day and age a remedy; and under our liberal system of pleading in this state, a plain and clear statement of the facts constituting the wrong is sufficient, and it is but little matter, in actions of trespass on the case, what the action is named or called.

The first count of the declaration plainly shows a malicious and actionable wrong, and every averment was supported by cogent proof. It may be that the prosecution of the suit to judgment in the justice's court by itself alone did not touch the person or property of the plaintiff, but the writer of this opinion, in Brand v. Hinchman, 68 Mich. 590, 13 Am. St. Rep. 362, held that it was not necessary, in an action for the malicious prosecution of a civil suit, that the person should be molested or property seized, if it appeared that the suit was