Benbow v. Caudle

Supreme Court of North Carolina

Benbow v. Caudle

108 S.E.2d 663, 250 N.C. 371, 1959 N.C. LEXIS 668

CourtSupreme Court of North Carolina

DecidedMay 20, 1959

Docket613

StatusPublished

Cited by2 cases

This text of 108 S.E.2d 663 (Benbow v. Caudle) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benbow v. Caudle, 108 S.E.2d 663, 250 N.C. 371, 1959 N.C. LEXIS 668 (N.C. 1959).

Pincite

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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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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Bluebook (online)

108 S.E.2d 663, 250 N.C. 371, 1959 N.C. LEXIS 668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benbow-v-caudle-nc-1959.

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