Brown v. Robertson

Appellant filed his complaint seeking damages. Appellees’ demurrer thereto for want of facts was sustained. Appellant refused to plead further, and judgment was rendered for appellees, that they recover their costs and that appellant take nothing.

Appellees contend that the cause of action attempted to be pleaded is one for a malicious prosecution, while appellant takes the position that it is for the kindred, though less common, action for malicious abuse of process.

If the action is one for malicious prosecution, there is no serious contention that the court committed error in sustaining the…