Reports Of Cases Decided In The Court Of Appeals Of The State Of Georgia At The January And March Terms

Author : Georgia. Court Of Appeals
Publisher : Rarebooksclub.com
ISBN 13 : 9781230005898
Total Pages : 410 pages
Book Rating : 4.0/5 (58 download)

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Download or read book Reports of Cases Decided in the Court of Appeals of the State of Georgia at the January and March Terms written by Georgia. Court Of Appeals and published by Rarebooksclub.com. This book was released on 2013-09 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...and he was required to give bond for his appearance at a. later date; and that before the time set for the committal trial the prosecutor voluntarily dismissed the prosecution and paid all costs. It was further alleged that the prosecution was instituted maliciously and without probable cause, whereby plaintiff had been damaged. Held, it was error for the judge to sustain a general demurrer to the petition. Action for damages, from city court of Douglas--Judge Roan. October 9, 1908, Submitted December 10, 1908.--Decided July 31, 1909. Rogers & Heath, for plaintiff. C. A. Ward, Lawson Kelley, for defendant. RFSSELL, J. The plaintiff brought an action for malicious prosecution, alleging, that at the instance of the defendant he was arrested on a warrant charging him with the offense of cheating and swindling; that he was carried before the magistrate who issued the warrant, and that he asked a commital trial immediately, but that at the instance of the defendant the committal trial was postponed until a later date and the plaintiff forced to give bond to avoid being put in jail; that before the time set for the committal trial the defendant voluntarily dismissed the prosecution, paid all costs, and abandoned the case. It was further alleged that the prosecution was instituted with malice and without probable cause. The plaintiff laid his damages at $2,500. The trial judge sustained a general demurrer to the plaintitf's petition. The tort of malicious prosecution is made out when the following elements appear: (1) that the prosecution has terminated in favor of the plaintiff; (2) that it was instituted maliciously; (3) that it was brought without probable cause, and (4) that it has caused the plaintiff damage. Burdick on Torts, ...