Roberts v. Willys-Overland Inc.
Court of Appeals of Georgia
Action for damages; from Fulton superior court — Judge Pendleton. April 26, 1921. Miss Leila Roberts sued Willys-Overland Incorporated for damages, and in her petition alleged substantially tlie following facts: that on May 15, 1920, she purchased from the defendant an automobile, for which she paid in cash certain sums of money, and signed certain papers promising to pay other sums; that the defendant induced her to do this by certain representations and agreements, which…
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Action for damages; from Fulton superior court — Judge Pendleton. April 26, 1921. Miss Leila Roberts sued Willys-Overland Incorporated for damages, and in her petition alleged substantially tlie following facts: that on May 15, 1920, she purchased from the defendant an automobile, for which she paid in cash certain sums of money, and signed certain papers promising to pay other sums; that the defendant induced her to do this by certain representations and agreements, which it failed to carry out, and which she later found to be false and fraudulent; that in the writing which she had been…
1Opinion of the CourtBroyles, C. J.
(After stating the foregoing facts.) Although the plaintiff, by amendment, alleged that her cause of action was for the malicious abuse of legal process, it is very uncertain from the facts set forth in the petition whether she based her action upon the malicious use or the malicious abuse of legal process. However, in either event, the judge properly sustained the defendant’s general demurrer, since the facts alleged, when construed, as they must be, most strongly against the pleader, fail to show either a malicious use or a malicious abuse of legal process.
“Malicious use of legal process is…
2Cases cited3 opinions
- Brantley v. Rhodes-Haverty Furniture Co.Supreme Court of Georgia · 1908
- McElreath v. GrossCourt of Appeals of Georgia · 1919
- Georgia Loan & Trust Co. v. JohnstonSupreme Court of Georgia · 1902
3Cited by15 opinions
- Davison-Paxon Co. v. WalkerSupreme Court of Georgia · 1932
- Vandalsem v. CaldwellCourt of Appeals of Georgia · 1924
- Metro Chrysler-Plymouth, Inc. v. PearceCourt of Appeals of Georgia · 1970
- Robinson v. Commercial Credit Co.Court of Appeals of Georgia · 1927
- Dugas v. DardenCourt of Appeals of Georgia · 1941
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