Tellefsen v. Key System Transit Lines

Plaintiff appeals from a judgment entered on an order sustaining demurrer to his first amended complaint without leave to amend.

Question Presented

Where the losing party, allegedly from ulterior motives, appeals from an adverse judgment, will an action for abuse of process lie against said party?

Record

Plaintiff’s first amended complaint alleged that in an action brought in the superior court against defendant for personal injuries plaintiff recovered judgment against defendant for the sum of $62,000; that maliciously defendant refused to pay said judgment 2 and although there was nothing in…