Legal Opinion

Rosen v. American Bank of Rolla

Superior Court of Pennsylvania

Decided June 28, 1993No. 2075PublishedCited by 97 opinions

1Opinion of the Court

WIEAND, Judge:

The issue in this appeal is whether a cause of action for the malicious abuse or wrongful use of process can be maintained by a non-party witness who has been subpoenaed to appear and give testimony in aid of execution in a legitimate and proper underlying action. The trial court held that no such action could be maintained and sustained preliminary objections in the nature of a demurrer to the complaint. 1 The plaintiff appealed. For the reasons hereafter stated, we affirm.

American Bank of Rolla, a Missouri bank, recovered a judgment against Robert Martin for one hundred…

Also in this document: Concurrence.

2Cases cited16 opinions

  1. Mayer v. WalterSupreme Court of Pennsylvania · 1870
  2. Pawlowski v. SmortoSuperior Court of Pennsylvania · 1991
  3. Nienstedt v. WetzelCourt of Appeals of Arizona · 1982
  4. Publix Drug Co. v. Breyer Ice Cream Co.Supreme Court of Pennsylvania · 1943
  5. Shaffer v. StewartSupreme Court of Pennsylvania · 1984

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3Cited by97 opinions

  1. U.S. Express Lines, Ltd. v. HigginsCourt of Appeals for the Third Circuit · 2002
  2. General Refractories Company Grefco, Inc. v. Fireman's Fund Insurance Company Gilberg & Kiernan Andrew Butz General Refractories CompanyCourt of Appeals for the Third Circuit · 2003
  3. U.S. Express Lines, Ltd. v. HigginsCourt of Appeals for the Third Circuit · 2002
  4. Shiner v. MoriartySuperior Court of Pennsylvania · 1998
  5. Werner v. Plater-ZyberkSuperior Court of Pennsylvania · 2002

92 more not listed; retrieve them via the Exa API.

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