Yopp v. Johnson

1. Where a tenant has not breached the contract of rental, but is entitled to possession of the rented premises, and this is known to the landlord, the act of the landlord in maliciously causing a warrant to issue to dispossess the tenant, and in thereby causing the tenant to be forcibly evicted from the premises, may not, because of the tenant’s not resisting the proceedings because of inability to make bond, and there therefore being no termination of the proceedings favorable to the tenant, constitute a cause of action for a malicious use of legal process, it nevertheless constitutes a…