Coy

Plaintiff appeals from order granting new trial after judgment on jury verdict in favor of plaintiff.

Questions Presented.

A. Propriety of granting new trial to defendant Terry against whom judgment for punitive damages, but none for compensatory damages, was rendered.

B. Propriety of granting new trial as to the other defendants. Was a cause of action for abuse of process proved ?

Record.

Plaintiff Joe Coy brought this action for abuse of process against defendants Advance Automatic Sales Co., Lou Woleher and Harrison Terry. The jury rendered a verdict in favor of plaintiff and against defendant Terry in the sum of $1,000 “as and for punitive damages” (nothing for compensatory damages) and against the other defendants in the sum of $10,000 compensatory damages and $10,000 punitive damages. Judgment was entered thereon. Defendants moved for judgment notwithstanding' the verdict. Defendants’ motion for new trial was granted on “the grounds of insufficiency of the evidence to sustain the verdict, and error in law, occuring at the trial. ...”

A. New Trial Properly Granted Dependant Terry.

No judgment could have been entered on the award to plaintiff of punitive damages against…