Nyer v. Carter

POMEROY, Justice.

This case originated in the Maine District Court where a verdict for the plaintiff resulted. An appeal to the Superior Court availed appellant naught. Appellant-defendant’s timely appeal to this court bears fruit.

We sustain the appeal.

Appellee’s two-count complaint in the District Court alleged malicious prosecution of a civil action and abuse of process.

Appellee apparently recognized, at the District Court level, that the count alleging abuse of process could not be sustained and it was not pressed. We consider the count abandoned and for this reason find it unnecessary to…