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WOODYATT v. BANK OF OLD YORK RD.

408 Pa. 257 (1962)

Woodyatt, Appellant, v. Bank of Old York Road.

Supreme Court of Pennsylvania.

June 28, 1962.

Attorney(s) appearing for the Case

Oscar Spivack, with him Raymond L. Shapiro, Ronald H. Israelit, and Wexler, Mulder & Weisman, for appellant.

James P. Geoghegan, with him Benjamin R. Shanken, and Geoghegan & Ozorowski, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.

OPINION BY MR. JUSTICE EAGEN, June 28, 1962:

This is an action for malicious prosecution wherein the court below sustained preliminary objections to the complaint in the nature of a demurrer. Plaintiff appeals.

For the purposes of this appeal, all facts well pleaded in the complaint must be accepted as true: Savitz v. Weinstein, 395 Pa. 173, 149 A.2d 110 (1959), and Robinson v. Phila., 400 Pa. 80...

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