Legal Opinion

Rogers Co. v. Murray

Court of Appeals of Georgia

Decided February 13, 1926No. 16635PublishedCited by 3 opinions

1Opinion of the CourtJenkins, P. J.

(After stating the foregoing facts.) 1. “The restrictions under which actions for malicious prosecution are placed, and the guarded conditions authorizing them, clearly show that they are not highly favored or much encouraged, and this is because of their tendency to promote litigation and engender strife, as well as to deter persons from coming forward to vindicate the public justice and to insist upon their private rights in the only way that the law allows.” Wilcox v. McKenzie, 75 Ga. 73; Henderson v. Francis, 75 Ga. 178.

2. The plaintiff’s case in an action for malicious prosecution is…

2Cases cited5 opinions

  1. Page v. Citizens Banking Co.Supreme Court of Georgia · 1900
  2. Wilcox v. McKenzieSupreme Court of Georgia · 1886
  3. Henderson v. FrancisSupreme Court of Georgia · 1886
  4. Clark v. DouglasCourt of Appeals of Georgia · 1909
  5. Tyler v. UpchurchCourt of Appeals of Georgia · 1924

3Cited by3 opinions

  1. Ayala v. SherrerSupreme Court of Georgia · 1975
  2. Kennemer v. ShahanCourt of Appeals of Georgia · 1929
  3. Floyd County Dairies v. BrooksCourt of Appeals of Georgia · 1939

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