JORDAN-JEFFERSON, INC. v. Scheer

In order to recover damages resulting from the wrongful procurement of an injunction, the elements of a cause of action for malicious prosecution must be present. 28 Am. Jur., Injunctions, p. 850, sec. 334; 43 C. J. S., Injunctions, p. 1054, sec. 281 a. Plaintiff contends that its complaint states facts constituting the required elements of a cause of action for malicious prosecution grounded on a prior civil action, except the element that the prior action was brought by defendant against plaintiff. However, plaintiff contends that an action for wrongful injunction will lie against one, who…