Abuse of Process
The gist of an action for "abuse of process" is improper use or perversion of process after it has been issued. Publix Drug Co. v. Breyer Ice Cream Co., 347 Pa. 346, 32 A.2d 413, 415. A malicious abuse of legal process occurs where the party employs it for some unlawful object, not the purpose which it is intended by the law to effect; in other words, a perversion of it. 500 West 174 St. v. Vasquez, 67 Misc.2d 993, 325 N.Y.S.2d 256, 258. Thus, where the purpose of a prosecution for issuance of a check without funds was to collect a debt, the prosecution is an abuse of criminal process. Regular and legitimate use of process, although with a bad intention, is not a malicious "abuse of process." Priest v. Union Agency, 174 Tenn. 304, 125 S.W.2d 142, 143. Action for "abuse of process" is distinguished from action for "malicious prosecution," in that action for abuse of process rests upon improper use of regularly issued process, while "malicious prosecution" has reference to wrong in issuance of process. McInnis v. Atlantic Inv. Corporation, 137 Or. 648, 4 P.2d 314, 315; Lobel v. Trade Bank of New York, 132 Misc. 643, 229 N.Y.S. 778, 781. See also Malicious abuse of legal process; Malicious use of process.
© Blacks Law Dictionary, Fifth Edition, West Publishing Co., St. Paul, MN, pg 11. |
