Abuse of Process. Malicious Attachment. Practice, Civil, Premature - TopicsExpress

Abuse of Process. Malicious Attachment. Practice, Civil, Premature action. Damages, In tort. It is not necessary, in order to maintain an action for an alleged abuse of civil process in causing property of the plaintiff to be attached in order to prevent him from carrying out a sale of the property to a third person and to compel a s; a of it to the defendant, to show that the action in which the attachment was made has been terminated. In order to maintain an action for an alleged abuse of civil process in causing property of the plaintiff to be attached, it is necessary to show that the defendant instituting the action in which the attachment was made acted both with malice and without probable cause for the maintenance of such action. While exemplary damages may not be awarded in an action for an abuse of civil process, the plaintiff may recover the damages that he suffered as the natural consequence of the wrong done, including injury to business, reputation and feelings.