Duncan v. Ellis

This was an action for damages by Mrs. Mary Ellis against Mrs. Virginia Duncan, doing business as Duncan Chevrolet Company. General and special demurrers were overruled, and the defendant excepted.

Where the petition, when considered as a whole, is construed as one for trespass and not one for malicious use of process, its allegations are sufficient to withstand the general demurrer. When thus construed, and there is a demurrer which is general in its nature, in the usual form “that the declaration sets forth no cause of action,” and where paragraph 5 thereof elaborates upon this general…