Ellis v. . Wellons

WINBORNE and DENNY, JJ., concur in dissenting opinion. The complaint in this action alleges three causes of action, namely, (1) malicious prosecution, (2) false imprisonment, and (3) abuse of process. The jury answered the issues in the first cause of action alleged, namely, malicious prosecution in favor of the defendant. The court sustained a demurrer ore tenus to the second cause of action alleged, or attempted to be alleged, namely, false imprisonment. The jury answered the issues in the third cause of action alleged, namely, abuse of process in favor of the plaintiff.

From judgment in the…