Strickland v. Royal Indemnity Company

Hawes, Justice.

An action for damages for the malicious use of civil process cannot be maintained unless it appears that the use of the process of which the complaint is made was wholly without probable cause. An action for malicious abuse of legal process cannot be maintained unless it appears that the defendant sought to employ the process for the accomplishment of some purpose which it was not intended to effect. Gaines v. Pirkle, 58 Ga. App. 546 (2) (199 SE 317); Crawford v. Theo, 112 Ga. App. 83 (143 SE2d 750); Georgia Veneer &c. Co. v. Florida Nat. Bank, 198 Ga. 591, 609 (32 SE2d 465).…