27 Ga. App. 304 | Ga. Ct. App. | 1921
(After stating the foregoing facts.) Although the plaintiff, by amendment, alleged that her cause of action was for the malicious abuse of legal process, it is very uncertain from the facts set forth in the petition whether she based her action upon the malicious use or the malicious abuse of legal process. However, in either event, the judge properly sustained the defendant’s general demurrer, since the facts alleged, when construed, as they must be, most strongly against the pleader, fail to show either a malicious use or a malicious abuse of legal process.
“Malicious use of legal process is where a plaintiff in a civil proceeding employs the court’s process in order to execute the
Judgment affirmed.