Floyd County Dairies v. Brooks
Court of Appeals of Georgia
1Opinion of the CourtBroyles, C. J.
Reuben Brooks brought suit against the defendants for the recovery of damages. The petition contained two counts. Count 1, properly construed, alleged an action for malicious arrest; and count 2 was based upon a malicious use of legal process. General demurrers were interposed to both counts and were overruled, and to that judgment exception was taken.
It is well-settled law that an action either for malicious arrest or for malicious prosecution is subject to general demurrer if the petition fails to allege or to show that the prosecution terminated in the plaintiff’s favor. Grist v. White, 14…
Also in this document: Concurrence.
2Cases cited8 opinions
- McElreath v. GrossCourt of Appeals of Georgia · 1919
- Waters v. WinnSupreme Court of Georgia · 1914
- Grist v. WhiteCourt of Appeals of Georgia · 1914
- Price v. CobbCourt of Appeals of Georgia · 1939
- Williams v. AdelmanCourt of Appeals of Georgia · 1930
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3Cited by7 opinions
- Smith v. EmbryCourt of Appeals of Georgia · 1961
- West v. BaumgartnerCourt of Appeals of Georgia · 1971
- Stephens v. Big Apple SupermarketsCourt of Appeals of Georgia · 1974
- Hughes v. Georgia Power Co.Court of Appeals of Georgia · 1941
- Godwin v. Gibson's Products Co. of Albany, Inc.Court of Appeals of Georgia · 1970
2 more not listed; retrieve them via the Exa API.