Park Bridge Corp. v. Elias

HULBERT, District Judge.

Disposition of this motion to dismiss counterclaim has been held in abeyance until the filing of the answer.

It was stated on the argument, by counsel for the defendant Elias, that the gravamen of the counterclaim is malicious prosecution. The counterclaim itself is predicated upon the institution of this action and the proceedings therein. The cases chiefly cited, and relied upon in op*95position to the motion, arise out of actions based upon antecedent litigation which successfully terminated in favor of the person who sued for libel, slander or malicious prosecution.

It…