Fenton Storage Co. v. Feinstein

Opinion by

Stadtfeld, J.,

This is an action in trespass to recover damages for the alleged malicious abuse of legal process. The issue was raised by a statement of claim, and an affidavit of defense raising questions of law contending that the statement of claim discloses no cause of action against the defendant. The questions of law raised in the affidavit of defense were sustained and judgment was entered for defendant, in an opinion by Lamberton, J. This appeal followed.

The facts are accurately stated in the opinion of the court below, from which we quote as follows: “It is averred that…