Nichols v. Severtsen

This is an action for damages for malicious prosecution based upon the alleged wrongful initiation of insanity proceedings. A demurrer to the second amended complaint was sustained, and plaintiff has appealed from a judgment dismissing the action.

Actions for damages for malicious prosecution are not favored in law, although they will be readily upheld when the proper elements have been presented. Peasley v. Puget Sound Tug & Barge Co., 13 Wn. (2d) 485, 125 P. (2d) 681. To support an action of this nature, the complaint must allege (1) that a prosecution was commenced against the plaintiff;…