Leventhal v. Dockser

The plaintiff appeals from orders sustaining “with leave to amend denied” demurrers to the declarations in both actions. Both declarations are in three counts. The demurrers were properly sustained. The accounts for abuse of criminal process fail to allege that the defendants either directed the criminal process or had control or influence over those in charge of the prosecution. See Wood v. Graves, 144 Mass. 365, 367, 368-369; McLean v. Naumkeag Trust Co. 268 Mass. 437, 439. The counts, characterized by the plaintiff in his briefs as being for “extortion” and “coercion and duress,” do not…