Price v. Fidelity Trust Company

(After stating the foregoing facts.) The plaintiff in error in his amended petition and also in his brief here refers to the proceeding as one for the malicious abuse of process; but, on the contrary, the allegations of the petition show that he was seeking to recover for the malicious use of legal process. This action was based on the two dispossessory-warrant proceedings instituted to dispossess Price from the apartment in question, which he alleges were malicious and without probable cause, and that they terminated in favor of him as tenant. “Malicious use of legal process is where a…