The second and third pleas are not objectionable for the cause assigned by the demurrers. Brown v. Connelly, decided at this term. But they are insufficient on other grounds. • The second is bad, because the facts constituting the probable cause are not set out; and the third is defective, because the facts stated do not show probable cause. The demurrers to those pleas were therefore well founded. •

The decision against the plaintiff, on the ground that the *430declaration is bad, is erroneous. The first count is unobjectionable, and that, as the case- stands, is sufficient for the plaintiff.

The judgment is reversed with costs. Cause remanded, &c.