§ 70. Vexatious suits. If a person vexatiously or maliciously, in the
name of another but without the latter's consent, or in the name of an
unknown person, commences or continues, or causes to be commenced or
continued, an action or special proceeding, in a court, of record or not
of record, or a special proceeding before a judge or a justice of the
peace; or takes, or causes to be taken, any proceeding, in the course of
an action or special proceeding in such a court, or before such an
officer, either before or after judgment or other final determination;
an action to recover damages therefor may be maintained against him by
the adverse party to the action or special proceeding; and a like action
may be maintained by the person, if any, whose name was thus used. He is
also guilty of a misdemeanor, punishable by imprisonment not exceeding
six months.