Abbott v. Thorne

Citations

• 34 Wash. 692
• 65 L.R.A. 826
• 76 P. 302
• 1904 Wash. LEXIS 403

Syllabus

<p>Appeal — Review—Point Raised by Prevailing Party. Upon an appeal by the plaintiff in a case tried and determined on the merits, the prevailing party may raise the objection that the case cannot be maintained in any event, since it would be idle to order a new trial for error if the action does not lie.</p> <p>Malicious Prosecution — Civil Action Without Arrest ob Seizure op Property. An action for.the malicious prosecution of a civil suit without probable cause will not lie when there was no arrest of the person or seizure of property therein, and no special injury sustained which would not necessarily result in all like prosecutions.</p>