Hewit v. . Wooten
Supreme Court of North Carolina
This was an action on the case, tried before Heath, J., at the last Spring Term of Cumberland Superior Court. The plaintiff declared : 1st. For wrongfully and improperly suing out a writ against the plaintiff, to recover a penalty, due by statute, not then in existence. 2ndly. For wrongfully and improperly setting the law in motion against the plaintiff, whereby the said plaintiff was held in duress, and lor damages consequent thereon.
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This was an action on the case, tried before Heath, J., at the last Spring Term of Cumberland Superior Court. The plaintiff declared : 1st. For wrongfully and improperly suing out a writ against the plaintiff, to recover a penalty, due by statute, not then in existence. 2ndly. For wrongfully and improperly setting the law in motion against the plaintiff, whereby the said plaintiff was held in duress, and lor damages consequent thereon. It appeared that on the 4th of January, 1856, the defendants, Wooten and Massey, sued out a writ against the plaintiff and one Randolph, in a plea of debt of…
1Opinion of the CourtBattle, J.
In an action for a malicious arrest, or a malicious prosecution, it is essential that the termination of the previous proceeding should be proved, and that the absence of reasonable and probable cause should be alleged as well as
proved. This is conceded by the counsel for the plaintiff, but he contends that the present is not a suit of that kind, but is a special action on the case, for an abuse of the process of the law, in which it is not necessary to show the termination of the suit in which the process has been abused. In support of this proposition, the counsel has referred to several…
2Cited by7 opinions
- In Re Probate of Will of MitchellSupreme Court of North Carolina · 1974
- Wright v. . HarrisSupreme Court of North Carolina · 1912
- Wright v. HarrisSupreme Court of North Carolina · 1912
- Marlatte v. WeickgenantMichigan Supreme Court · 1907
- Lockhart v. . BearSupreme Court of North Carolina · 1895
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