Counihan v. Ferrell

The court erred in overruling the general demurrer to the petition for the reason hereinafter stated. Whether the petition was subject to general demurrer for other reasons, or to the special demurrers, is not decided. In an action for malicious use of civil process which did not involve an arrest of the person, seizure of property, or other special injury, general and punitive damages are not recoverable, and damages for humiliation and expenses of defending the action do not constitute special damages recoverable in such an action; and a petition alleging such a malicious use of civil…