Bell Lines, Inc. v. Strickland

In this action by Bell Lines, Inc., against C. F. Strickland for freight charges allegedly due on a shipment of tires, the defendant set up two counterclaims. The plaintiff demurred to the second counterclaim, which is based upon alleged abuse of process, for insufficiency of facts, and appeals from an order of the circuit court overruling the demurrer.

The demurrer should have been sustained. In essence the counterclaim to which it was directed alleges that prior to the commencement of the action the plaintiff harassed the defendant for payment of an alleged debt which it knew was not due,…