Pelella v. Pelella

Defendant moves under rule 106 of the Buies of Civil Practice to dismiss the complaint in this action for the malicious prosecution of a divorce action upon the ground that it does not state facts sufficient to constitute a cause of action.

In substance the complaint states that the plaintiff is the husband of the defendant; that his wife “ maliciously and without probable cause ’ ’ instituted a suit in the State of Georgia in April, 1957 for absolute divorce against him; that in the Georgia proceeding the wife ‘ knowingly, wilfully and maliciously, and with intent to defraud the plaintiff and…