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State court of last resort · ST-VA-SC
Montgomery v. McDaniel
No. 051243Supreme Court of Virginia
051243 Montgomery v. McDaniel 04/21/2006 (Revised 04/24/2006) The trial court did not err in sustaining an employer's demurrer to a former employee's motion for judgment asserting a claim for abuse of process.…
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051243 Montgomery v. McDaniel 04/21/2006 (Revised 04/24/2006) The trial court did not err in sustaining an employer's demurrer to…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- April 21, 2006
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051243 Montgomery v. McDaniel 04/21/2006 (Revised 04/24/2006) The trial court did not err in sustaining an employer's demurrer to a former employee's motion for judgment asserting a claim for abuse of process. Although the former employee had clearly alleged a malicious or malevolent intent in the employer's institution of process against her, she failed to allege an act in the employer's use of the process that was not proper in the regular conduct of the proceeding, and the absence of such an allegation is fatal to her claim. The judgment is affirmed.
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Affirmed
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051243 Montgomery v. McDaniel 04/21/2006 (Revised 04/24/2006) The trial court did not err in sustaining an employer's demurrer to a former employee's motion for judgment asserting a claim for abuse of process. Although the former employee had clearly alleged a malicious or malevolent intent in the employer's institution of process against her, she failed to allege an act in the employer's use of the process that was not proper in the regular conduct of the proceeding, and the absence of such an allegation is fatal to her claim. The judgment is affirmed.
Outcome words in this text: affirmed.
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