Ingalls v. Christopherson
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by George W. Ingalls against A. J. Christopherson and John T. Medin, co-partners under the firm name of Christopherson & Medin, and another. Judgment for defendants, and plaintiff appeals. There is a malicious abuse of process where the party employs process, legally and properly issued, wrongfully and unlawfully, for a purpose which it is not intended by law to effect. 19 Am. & Eng.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by George W. Ingalls against A. J. Christopherson and John T. Medin, co-partners under the firm name of Christopherson & Medin, and another. Judgment for defendants, and plaintiff appeals. There is a malicious abuse of process where the party employs process, legally and properly issued, wrongfully and unlawfully, for a purpose which it is not intended by law to effect. 19 Am. & Eng. Ene. 630; Mayer v. Walter, 64 Pa. St. 283; Kolka v. Jones, 71 N. W. 558. The issuing of a, warrant for attachment, returnable…
1Opinion of the CourtFuller, P. J.
Upon all the evidence introduced at the trial, the court dismissed this action by appellant against respondents to recover $500, damages for the malicious abuse of process, and this appeal is from a judgment accordingly entered upon the merits, and from an order overruling a motion for a new trial.
The record shows that on the 3d day of April, 1905, W. P>. Ingalls, a brother of appellant, executed and delivered his promissory note for $1.00, payable October I'st of that year, to Dr. Henry Marks, to whom he was indebted in that amount for medical treatment. This note was placed by Dr. Marks in…
2Cases cited1 opinion
- Lauzon v. CharrouxSupreme Court of Rhode Island · 1894
3Cited by4 opinions
- Brown v. RobertsonIndiana Court of Appeals · 1950
- Just v. Martin Bros. Co.South Dakota Supreme Court · 1916
- Kool v. LeeUtah Supreme Court · 1913
- Layton v. ChaseSouth Dakota Supreme Court · 1966