Calvo v. Bartolotta

The complaint is in three counts, each based upon one of three successive actions brought by the defendant against the plaintiff and each claiming that the particular action referred to in it was a vexatious suit. All these actions were brought upon the same cause of action. The first was never returned to court, the second was withdrawn without a trial, and the third was withdrawn after being partially heard. A vexatious suit is a kind of malicious prosecution, differing principally because it is based upon a civil action whereas, with us, a malicious prosecution ordinarily implies the…