Ledford v. Smith

We see no error in the judgment of the court below. The charge of the court is not in the record and the presumption of law is that the court below charged the law applicable to the facts. The case was tried in the court below on the theory of “abuse of process.” The law in regard to abuse of process is well settled in this jurisdiction.

In Abernethy v. Burns, 210 N. C., 636 (639), we find: “There is this distinction between an action for malicious prosecution and one for abuse of process. In the former it is necessary to allege and to prove three things not required in the latter: (1) Malice;…