Hauser v. Bartow

This is an action to recover damages for malicious abuse of process. The lower courts have dismissed the complaint on the ground that it fails to state a cause of action. The complaint alleges that respondent conspired with others “ maliciously and wilfully, and without legal cause or warrant ” to have appellant declared incompetent so that she might control his property and prevent his executing a new will; that without the knowledge of appellant, respondent commenced a proceeding in the Supreme Court to have herself appointed committee of his person and property, and falsely and maliciously…