Gaines v. Pirkle

1. A petition which alleged that the defendant maliciously and without probable cause swore out a distress warrant against the plaintiff, by virtue of which her furniture was levied on, that a counter-affidavit was filed, and that the trial terminated in a verdict and judgment in favor of the petitioner and against the warrant, set forth a cause of action for malicious use of process. It was not error to overrule a general demurrer to the petition.

2. Such a petition is not one for malicious abuse of process, even if it contains other allegations appropriate to such a suit, for the reason that…