Melton v. . Rickman

Civil action ex delicto for damages resulting from the abuse of criminal process, heard on motion to strike certain allegations in the complaint.

The motion first came on for hearing before the clerk who allowed the motion to strike certain paragraphs and denied it as to others. When the appeal came on to be heard in the court below "the plaintiff, through counsel, states in open Court that he elects to sue upon malicious abuse of process only." Thereupon the judge overruled the clerk and denied the motion to strike in toto. The defendant excepted and appealed.

The plaintiff alleges in…