Supreme Court of New Jersey

Robert F. Ash, Plaintiff-Appellant v. Peter Cohn and A. Leon Kohlreiter

September 22, 1937119 N.J.L. 54

Summary

The Supreme Court of New Jersey reversed the lower court's nonsuit, holding that the amended complaint sufficiently alleged a cause of action for malicious abuse of process and that a termination of the prior proceeding is not required. The Court also rejected the sergeant‑at‑arms' claim of immunity under section 182 of the District Court Act, and remanded the case for trial on the merits.