Holiday Magic, Inc. v. Scott

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that process is “any means used by the court to acquire or to exercise its jurisdiction over a person or over specific property.”
• “Pleading must be distinguished from process. Pleadings are created and filed by the litigants. Process is issued by the court, under its official seal.”
• defining “process” as “any means used by the court to acquire or to exercise its jurisdiction over a person or over specific property,” such as a summons, and specifically finding that pleadings are not considered “process”
• “An actionable tort does not exist unless there is some improper use of the process of the court.”
• “Regular and legitimate use of process, though with a bad intention, is not a malicious abuse of process.” (quotation marks omitted)
• “To constitute an abuse of the process in the legal sense, there must be some act in use of the process which is not proper in the regular course of the proceedings.”

Source: CourtListener parenthetical corpus (CC0).