1. Where a petition contains allegations which show all the elements constituting a cause of action for a malicious use of legal process, except that it contains no allegation that the acts complained of were done maliciously, although there may be set out in the petition a cause of action for the abuse of legal process, an allegation in an amendment to the petition, that the, acts complained of were malicious, is merely a characterization of the acts alleged in the petition and an ' amplification of the allegations as to acts which constitute the elements of a cause of action for a malicious use of civil process. The petition as thus amended was not subject to the objection that by the amendment a new and distinct cause of action was added. King v. Yarbray, *548136 Ga. 212 (2) (71 S. E. 131); Atkinson v. Brantley, 15 Ga. App. 129 (82 S. E. 773); Ivins v. L. & N. Railroad Co., 37 Ga. App. 684 (141 S. E. 423).

2. The petition as amended set out a cause of action for a malicious use of legal process, and was not subject to the objection on demurrer that tlie petition as amended set out a new cause of action. The court properly overruled the demurrer.

Judgment affirmed.