McMillan v. Day Realty Associates, Inc.

Quillian, Chief Judge.

For a full statement of the facts see McMillan v. Day Realty Assoc., 156 Ga. App. 660 (275 SE2d 352), where we held that since there was no probable cause to believe the lawn mower had been purloined by the plaintiff, it was error to direct a verdict for the defendant.

On certiorari the Supreme Court answered in the negative the following question: “Is a jury question presented in an action for malicious prosecution where the defendant obtains an arrest warrant for theft by taking of several items and the evidence, as a matter of law, supports a finding of probable cause…