Supreme Court of North Carolina, 1959

Benbow v. Caudle

Benbow v. Caudle
Supreme Court of North Carolina · Decided May 20, 1959 · Per Curiam
108 S.E.2d 663; 250 N.C. 371; 1959 N.C. LEXIS 668 (South Eastern Reporter, Second Series)
Benbow v. Caudle

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Opinion

Pee Curiam.

Plaintiff’s evidence when considered in the light most favorable to him fails to make out a prima facie case of malicious abuse of process in accordance with the controlling principles laid down in Barnette v. Woody, 242 N.C. 424, 431, 88 S.E. 2d 223. There is no evidence of abuse or misuse of the execution after its issuance. The judgment below is

Affirmed.

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