Rose v. Black

The report describes this action as “an action of tort * * * to recover damages * * * for the malicious abuse of civil process * * The declaration is not made a part of the report nor is it quoted in the report. We must, therefore, accept the statement of the nature of the action at its face value, and must treat the issues presented on that basis. The case must be differentiated from an action for malicious prosecution as well as from one for injury caused by the negligent acts of the defendant or his agents.

In an action for the malicious abuse of civil process “It is to be assumed # * *…