Abuse

Everything which is contrary to good order established by usage. Merlin, Eepert. Among the civilians, abuse has another signification, which is the destruction of the substance of a thing in using it. For example, the borrower of wine or grain abuses the article lent by using it, because he cannot enjoy it without consuming it. Of Distress. The using an animal or chattel distrained, which makes the distrainer liable as for a conversion. Of Female Child. Carnal knowledge. See "Rape." Of Process. There is an abuse of process when an adversary, through the malicious and unfounded use of some regular legal proceeding, obtains some advantage over his opponent.

Wharton. See 63 How. Pr. (N. Y.) 326; 15 App. Div. (N. Y.) 205.

Process is abused when employed to accomplish some purpose which the process was not intended by law to eilect, or where used in the mode and manner designed by law, but with an ulterior purpose to effect some unlawful collateral end, the legal use of it being but ostensible, while the real design was to pervert its force and efficiency to the success of the unlawful collateral design.

52 111. App. 38.