Ellis v. Wellons

We will first discuss the defendant’s appeal, since the conclusion we have reached thereon renders any extensive discussion of the plaintiff’s appeal supererogatory.

The defendant seriously presses his assignments of error addressed to the refusal of the court to allow his motion in the alleged cause of action for abuse of process for a judgment as in case of nonsuit lodged when the plaintiff had introduced his evidence and rested his case and renewed after all the evidence on both sides was in. C. S., 567; G. S., 1-183.

“Abuse of legal process consists in the malicious misuse or misapplication…