Allen v. Burdette
West Virginia Supreme Court
Error to Circuit Court, Kanawba County. Action by P. B. Allen against Charles D. Burdette and others. Judgment for the defendants, and the plaintiff brings error.
1Opinion of the Court
Ritz, President:
In this suit for malicious prosecution, or what is sometimes called a malicious abuse of civil process, the defendants interposed a plea of the Statute of Limitations of one year, to which plea plaintiff tendered a special replication in writing, which the lower court held was insufficient, and the plaintiff making no other, reply to the plea filed, judgment was rendered for the defendants, and this writ of error is prosecuted to review the same.
According to the allegations of the declaration, on the 24th of February, 1917, defendants instituted an involuntary proceeding in…
2Cases cited8 opinions
- Marks v. . TownsendNew York Court of Appeals · 1885
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- Lawrence v. Winifrede Coal Co.West Virginia Supreme Court · 1900
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3Cited by13 opinions
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- McClung v. TiecheWest Virginia Supreme Court · 1944
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