Melton v. Rickman

Upon tbe call of tbe case in this Court tbe defendant demurred ore tenus for that tbe complaint fails to state a cause of action for abuse of process. Decision thereon is determinative of this appeal.

At common law there were a number of related causes of action devised to afford a remedy against tbe wrongful invasion of tbe liberty of an individual through tbe processes of tbe courts.

A cause of action for false arrest or false imprisonment is based upon tbe deprivation of one’s liberty without legal process. It may arise when tbe arrest or detention is without warrant, Allen v. Greenlee, 13…