Allen v. Greenlee, 2 Dev. 370, is a direct authority in support of the decision made in the Court below.

The same principle is applied to a converse state of facts, Rodgers v. Pitman, 2 Jones 56. The two cases settle the rule to be, that where process is valid and sued out maliciously, the proper action is case; where the process is void, as for *454 want of jurisdiction, the proper action is trespass vi eb a/rmis or trover.

Pee CueiaM. Judgment affirmed.