SHAFFER v. STEWART


326 Pa.Super. 135 (1984)

473 A.2d 1017

Paul S. SHAFFER, Appellant, v. Robert STEWART and Liverant, Senft and Cohen.

Supreme Court of Pennsylvania.

Filed March 2, 1984.


Attorney(s) appearing for the Case

Allen H. Smith, York, for appellant.

Albert G. Blakey, York, for appellee.

Before WIEAND, CIRILLO and JOHNSON, JJ.


WIEAND, Judge:

May an attorney who, without probable cause, files a caveat to the probate of a will for the sole purpose of "extracting an unwarranted settlement" be sued for malicious use of process after he and his client have agreed to a dismissal of the caveat? The trial court held that such actions could not be maintained because there had been no seizure of property. Therefore, it sustained preliminary objections in the nature of a demurrer to the complaint...

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