Aetna Finance Co. v. Pair

Deen, Presiding Judge.

1. The appellee, plaintiff in the trial court, filed an action for damages for malicious abuse of process against Aetna Finance Co. The defendant made no appearance. The plaintiff, in a trial before a jury, was awarded compensatory and punitive damages, on January 19, 1976. A motion to set aside the judgment, denominated a complaint in equity, was filed on May 5, 1976, and subsequently dismissed on motion. From this latter judgment the defendant appealed to this court. The appellee has filed a motion to transfer the case to the Supreme Court on authority of Newman v.…