Ash v. Cohn

The opinion of the court was delivered by

Perskie, J.

Does the amended complaint set forth a legal cause of action? The learned trial judge concluded that it did not and accordingly entered a judgment of nonsuit in favor of all defendants. Hence plaintiff appeals.

In light of the disposition thus made of the complaint, an analysis thereof is necessary. The, complaint sounds in tort; it contains two counts. Plaintiff’s theory of defendants’ liability under the first count is-that the latter had maliciously abused the process of the court; and his theory of the second count is that defendants were…