Hoppe v. Klapperich

Matson, Justice.

Plaintiff brought an action against Hilda M. Klapperich, her attorney, Allen Atwood, Art Mclntee, sheriff of Stearns county, and W. Y. Henning, municipal judge of the city of St. Cloud, for (1) malicious prosecution, and (2) abuse of process. Each defendant interposed a separate demurrer upon the ground that the complaint did not state a cause of action. This is an appeal from the orders sustaining the demurrers.

Upon demurrer, we are concerned not with a determination of the truth of plaintiff’s allegations, but with the sole problem of whether such allegations are (1) legally…