McCullough v. Atlantic Refining Co.

It is difficult to determine from the plaintiff’s petition the particular form of action on which he relies. Ilis petition contains some of the elements essential to an action for damages because of a malicious abuse of legal process, of a malicious use of civil process, of malicious prosecution of a possessory warrant as a criminal proceeding, of false imprisonment and of false arrest. The defendant demurred to the petition, upon the grounds: (1) that no cause of action was stated; (3) because it appeared from the allegations thereof that the action was barred by the statute of limitations.…