Legal Opinion
Ancora Corp. v. Stein
District Court, S.D. Alabama
Decided February 25, 1970No. Civ. A. No. 4033-66PublishedCited by 1 opinion
1Opinion of the Court
PITTMAN, District Judge.
The defendants contend their respective counterclaims state a cause of action for “abuse of process” and leave should be given for their filing.
The plaintiff contends that the counter claims do not state a cause of action, it is not alleged the suits have been terminated in the favor of the defendants and are therefore premature.
It is the conclusion of the court that if the defendants have a cause of action, construing the pleadings most strongly in favor of them, it is for malicious prosecution, and they have failed to state a cause of action for abuse of process.
“An…
2Cases cited8 opinions
- Brown & Root, Inc. v. Big Rock CorporationCourt of Appeals for the Fifth Circuit · 1967
- Mullins v. SandersSupreme Court of Virginia · 1949
- Dishaw v. WadleighAppellate Division of the Supreme Court of the State of New York · 1897
- Dickerson v. SchwabacherSupreme Court of Alabama · 1912
- Clikos v. LongSupreme Court of Alabama · 1936
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Terry v. Genarco, Inc.District Court, E.D. Virginia · 1978