Davison-Paxon Co. v. Walker

We are of the opinion that the first question should be answered in the negative. In a suit for malicious use of process “it is well settled that the plaintiff must allege three things: (1) that the suit against him was malicious; (2) that it was without probable cause; and (3) that it had terminated in his (plaintiff’s) favor before the suit for damages was filed.” Clement v. Orr, 4 Ga. App. 117, 118 (60 S. E. 1017); Marable v. Mayer, 78 Ga. 710 (3 S. E. 429). Allegations of a petition, in a suit for malicious use of process, that the former suit was an action of bail-trover, and that after…