Carnation Lumber Co. v. McKenney

The plaintiff brought this action to recover damages for the malicious use of process, generally spoken of as “malicious prosecution.” A demurrer was sustained to plaintiff’s complaint and the plaintiff appeals.

The plaintiff’s action seeks damages for the malicious prosecution of several civil suits which terminated favorably to the plaintiff. Plaintiff’s complaint alleges these ultimate facts:

“(1) The defendants conspired together and brought ten separate lawsuits against the Carnation Lumber Company, hereinafter referred to as “Carnation,” the aggregate prayers of which are several hundred…