Smith v. C. I. T. Corporation

I concur in the judgment of affirmance, and in the main agree to what is said in the majority opinion; but under the facts and circumstances of the present case I think the following may appropriately be said: The present suit is based on the alleged malicious use of legal process in the institution of a bailtrover action for the recovery of a certain automobile. “Malicious use of legal process is where a plaintiff in a civil proceeding em ploys the court’s process in order to execute' the object which the law intends for such a process to subserve, but proceeds maliciously and without…