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before proof of a conspiracy; and the co-defendant cannot object to their admission, the evidence not affecting him in any way.' In an action against several for a joint assault, evidence of misconduct on the part of some of the defendants before and after the assault, tending to show a conspiracy, should be limited in its application to those defendants against whom such acts are proved. It is not evidence against the others.2

3

§ 1050. Pleading. Want of probable cause as well as malice need not be charged in the declaration. Whatever is done in pursuance of the conspiracy may be averred to be the act of all, though done individually.* The means by which the injury was intended to be effected must ordinarily be stated in the complaint. In actions for fraud and conspiracy, where a combination for fraudulent purposes is relied upon, the complaint need only state the fact of the combination, its object, and the accomplishment thereof to the injury of the plaintiff. The various facts and circumstances relied on to establish the complicity of the defendants need not be set forth in detail. In a suit for conspiring to remove the plaintiff from office, special damage need not be alleged." Nor where the conspiracy is to charge the plaintiff with a crime. It is no bar to an action for conspiring fraudulently to induce the plaintiff to come into this state with intent to cause his arrest and compel him to settle a disputed claim that he submitted to the jurisdiction without pleading the illegality of his arrest in abatement." Where one, who, by a conspiracy entered into by several persons, has been deprived of certain real estate, brings an action and obtains a judgment therein directing the

1 Beeler v. Webb, 113 Ill. 436.

2 Strout v. Packard, 76 Me. 148; 49 Am. Rep. 601.

3 Griffith v. Ogle, 1 Binn. 172; Haldeman v. Martin, 10 Pa. St. 369.

4 Tappan v. Powers, 2 Hall, 277.

Setzar v. Wilson, 4 Ired. 501.
Ynguanzo v. Salomon, 3 Daly, 153.
Griffith v. Ogle, 1 Binn. 172.

8 Hood v. Palm, 8 Pa. St. 237.
Cook v. Brown, 125 Mass. 503; 28
Am. Rep. 259.

cancellation of certain conveyances, and requiring the defendants to convey the property to him, and account for the rents and profits received by them, he may subsequently bring an action against a portion of the defendants to recover any damages sustained by him, in addition to those provided for in the first judgment.1

'Bruce v. Kelly, 5 Hun, 229.

TITLE X.

ASSAULT AND BATTERY.

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