DeLeo v. Munley

Superior Court of Pennsylvania

Decided December 14, 1978

Superior Court of Pennsylvania · decided 1978-12-14

Relies on 256 Pa. Super. 74 - Garcia v. Wall & Ochs, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1978-12-14

How this case has been cited

Cited by 13 later decisions — most recently August 1994

11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 OPINION

PER CURIAM:

¶2 The court below dismissed appellant’s complaint for failure to state a cause of action in malicious use of civil process *91 because the complaint failed to allege that appellant was arrested or his property seized in defending appellee’s medical malpractice suit brought against him. Appellant now contends that arrest of the person or seizure of his property is not an essential element in the tort of malicious use of civil process. This contention is without merit, as we have just recently decided otherwise in Garcia v. Wall & Ochs, Inc., 256 Pa.Super. 74, 389 A.2d 607 (1978).

¶3 Order affirmed.