Carl v. Hansbury

(After stating the facts.) The petition is grounded on that principle known to the law as “malicious abuse of legal process.” The only purpose of referring to the closely kindred principle of “malicious use of legal process” is that we may better determine the allegations of the petition to see whether they set out a cause of action for malicious abuse of process. The difference between the two is quite often difficult to distinguish. More difficult still is it to correctly apply a given state of facts to the one or the other. Judge Evans, speaking for the court in King v. Yarbray, 136 Ga.…