Trustees Loan & Savings Co. v. Marinos

1. Where a petition contains allegations which show all the elements constituting a cause of action for a malicious use of legal process, except that it contains no allegation that the acts complained of were done maliciously, although there may be set out in the petition a cause of action for the abuse of legal process, an allegation in an amendment to the petition, that the, acts complained of were malicious, is merely a characterization of the acts alleged in the petition and an ' amplification of the allegations as to acts which constitute the elements of a cause of action for a malicious…