Dantley v. Burge

The plainitff in error contends that her petition sets out a cause of action for malicious abuse of legal process, and that, therefore, it is not necessary for her to allege that the proceedings upon which this action is based terminated in her favor. “Malicious abuse of legal process is where the plaintiff in a civil proceeding wilfully misapplies the process of the court in order to obtain an object which such a process is not intended by law to effect, as contra-distinguished from malicious use of process, where the plaintiff in a civil proceeding employs the court’s process in order to…