White v. Rosenbaum Co.

Citations

• 73 Pa. Super. 99
• 1919 Pa. Super. LEXIS 181

Syllabus

<p>Trespass — Malicious abuse of civil process — Evidence.</p> <p>In an action in trespass for the malicious abuse of civil process, the plaintiff must allege and prove not only malice but also want of probable cause for such process. There must also be shown falsehood in the demand and an actual interference with either his person or property.</p> <p>An action for malicious abuse of civil process will lie where it appears that the defendant brought an action against the plaintiff in assumpsit for goods sold and delivered, and issued an attachment on the judgment recovered therein, although the plaintiff had no account with tbe defendant and was not indebted to it in any way, if the circumstances in connection with tbe bringing of tbe suit and tbe service of process therein were such as to show malice on tbe part of tbe defendant in tbe present action.</p> <p>• In an action to recover damages for tbe malicious abuse of civil process, evidence that neither tbe summons in assumpsit nor tbe writ of attachment execution bad been served on tbe plaintiff (tbe defendant in said suits) although tbe constable made return that be bad served both writs, is admissible for tbe purpose of showing tbe falsity of tbe constable’s return and of establishing malice on tbe part of tbe person instituting said actions.</p>