Mathews v. Murray

Townsend, Judge.

An action for false imprisonment under Code § 105-901 will not lie where it appears that the arrest and imprisonment were by virtue of a valid process. Gordon v. West, 129 Ga. 532 (1) (59 S. E. 232, 13 L. R. A. (NS) 549). Similarly, an action for malicious arrest under Code § 105-1001 will not lie where it is not alleged that the proceedings out of which the writ issued terminated in favor of the plaintiff. Waters v. Winn, 142 Ga. 138 (82 S. E. 537, L. R. A. 1915A 601, Ann. Cas. 1915D 1248). The petition shows that the defendant was arrested under a valid warrant charging him…