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CARNATION LBR. CO. v. McKENNEY

224 Or. 541 (1960)

356 P.2d 932

CARNATION LUMBER COMPANY v. McKENNEY ET AL

Supreme Court of Oregon.

Affirmed November 9, 1960.

Attorney(s) appearing for the Case

Carrell F. Bradley, Hillsboro, argued the cause for appellant. With him on the brief was George W. Mead, Portland.

Francis E. Marsh, McMinnville, and Robert A. Leedy, Portland, argued the cause for respondents. On the brief were Gray & Lister, Portland, Nathan J. Heath, Portland, Theodore B. Jensen, Portland, Barzee, Leedy & Lind, Portland, Marsh, Marsh, Dashney & Cushing, McMinnville.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and KING, Justices.

AFFIRMED.

PERRY, J.

The plaintiff brought this action to recover damages for the malicious use of process, generally spoken of as "malicious prosecution." A demurrer was sustained to plaintiff's complaint and the plaintiff appeals.

The plaintiff's action seeks damages for the malicious prosecution of several civil suits which terminated favorably to the plaintiff. Plaintiff's complaint alleges these ultimate facts:

"(1) The defendants conspired...

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