Blair v. Maxbass Security Bank
North Dakota Supreme Court
Appeal from a judgment of the District Court of Bottineau County, A. G. Burr, J. If process, either civil or criminal, is wilfully made use of for a purpose not justified by law, this is an abuse for which an action will not lie.
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Appeal from a judgment of the District Court of Bottineau County, A. G. Burr, J. If process, either civil or criminal, is wilfully made use of for a purpose not justified by law, this is an abuse for which an action will not lie. Cooley, Torts, 2d ed. 220; 32 Cyc. 542. An action based on the abuse of process differs from an action for malicious prosecution in at least two respects: First, in that want of probable cause is not an essential element; and, second, that it is not essential that the original proceeding shall have terminated. Kool v. Lee, 134 Pae. 906; Malone v. Belcher, 216 Mass.…
1Opinion of the CourtGrace, J.
This action is one to recover damages for abuse of process. The plaintiffs pleaded certain facts in their complaint. The defendant interposed an answer.
At the time the case was called for trial, and after the jury were duly sworn, and at the time of the offering and rendering of proof on behalf of the plaintiffs, the defendant objected to the introduction of any evidence, on the ground that the complaint fails to state facts sufficient to constitute a cause of action, in this, that it shows there was an indebtedness existing between plaintiff and defendant; that, at the time of commencement…
2Cases cited1 opinion
- Farmer v. CrosbySupreme Court of Minnesota · 1890
3Cited by12 opinions
- Stoner v. Nash Finch, Inc.North Dakota Supreme Court · 1989
- Italian Star Line, Inc. v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1931
- Wachter v. Gratech Co., Ltd.North Dakota Supreme Court · 2000
- A & a Metal Buildings v. I-S, Inc.North Dakota Supreme Court · 1978
- Clikos v. LongSupreme Court of Alabama · 1936
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