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HAWKINS v. REYNOLDS

No. 308.

72 S.E.2d 874 (1952)

236 N.C. 422

HAWKINS v. REYNOLDS.

Supreme Court of North Carolina.

November 5, 1952.

Attorney(s) appearing for the Case

E. A. Harrill, Kings Mountain, and A. A. Powell, Shelby, for defendant, appellant.

John J. Mahoney, Jr. and Horace Kennedy, of Shelby, for appellee.

JOHNSON, Justice.

It is established by authoritative decisions of this Court that an action for malicious prosecution may not be maintained by one arrested on a charge not amounting to a crime, or where the process was void. Parrish v. Hewitt, 220 N.C. 708, 18 S.E.2d 141; Rhodes v. Collins, 198 N.C. 23, 150 S.E. 492; Caudle v. Benbow, 228 N.C. 282, 45 S.E.2d 361. An action for malicious prosecution "presupposes valid process...

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