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250 N.C. 371

108 S.E.2d 663

Benbow v. Caudle

Supreme Court of North Carolina

Decided May 20, 1959

Supreme Court of North Carolina · decided 1959-05-20

Cited by 4 later decisions — most recently January 1980

4 state decisions

Relies on Barnette v. Woody

Good law ✅— No negative treatment on recordhow we know

Decided 1959-05-20

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Pee Curiam.

¶1 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

¶2 Affirmed.

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