Jordan v. American Agricultural Chemical Co.

J. E. Jordan brought suit for damages against the American Agricultural Chemical Company and C. J. Knight. Each of the defendants filed general and special demurrers, and their general demurrers were sustained. On these judgments the plaintiff assigns error.

Briefly, the contention of the defendants is that the petition attempts to set out a suit for damages for malicious use of a civil process (mortgage foreclosure), and that the petition failed to set out a cause of action. The plaintiff contends that “the gravamen of this suit is, however, not for the foreclosing of a mortgage, but for the…