J. C. PENNEY COMPANY v. GILFORD

No. 15121.

422 S.W.2d 25 (1967)

J. C. PENNEY COMPANY, Appellant, v. Charles GILFORD, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied December 21, 1967.


Attorney(s) appearing for the Case

George H. Kolb, Houston, for appellant, Baker, Botts, Shepherd & Coates, Houston, of counsel.

Bohn E. Phillips, Houston, for appellee, Sam S. Emison, Jr., Houston, of counsel.


COLEMAN, Justice.

This is a suit for damages. The cause of action is based on malicious prosecution or, alternatively, abuse of process. The trial was to the court without a jury and resulted in a judgment for the plaintiff in the sum of $2,500.00 for actual damage, but no punitive damages were allowed. Findings of fact and conclusions of law were filed by the trial judge.

The more important questions presented by this appeal as to the cause of action based...

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