Schneider v. Mueller

Tlte opinion of the court was delivered by

Brogan, Chief Justice.

The plaintiff appeals from a judgment of nonsuit. The complaint charged the defendant with malicious prosecution. In our review of the testimony in the case we note that in the several discussions between plaintiff’s counsel and the trial court the cause of action is sometimes referred to as a malicious abuse of process and at other times as a case of malieions prosecution. There is, of course, a wide disparity between these two causes of action and the differentiation has been pointed out in Mr. Justice Perskie’s lucid opinion…