Defnall v. Schoen

The defendant contends that counts 1 and 2 of the petition were based upon the theory of malicious' use of process, and that it was necessary to allege that the proceeding complained of had been terminated in favor of the defendant therein, before the suit based upon it was brought. The plaintiff contends that these counts were based upon malicious abuse of process, and that it was not necessary to allege that the proceedings to dispossess him had terminated in his favor. If these two counts were based upon the malicious use of process, it was necessary to allege a termination of the suit in…