Brantley v. Rhodes-Haverty Furniture Co.
Supreme Court of Georgia
Action for damages. Before Judge Ellis. Fulton superior court.. November 15, 1901?. Mrs. M. L. Brantley brought suit against tbe Rbodes-IIaverty Furniture Company, a corporation, and Clarence Haverty.
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Action for damages. Before Judge Ellis. Fulton superior court.. November 15, 1901?. Mrs. M. L. Brantley brought suit against tbe Rbodes-IIaverty Furniture Company, a corporation, and Clarence Haverty. Her declaration as amended alleged, in brief, as follows: The defendant company brought an action against the present plaintiff, to recover certain furniture alleged to be in her possession,, custody, or control, and, acting by and through its representative and agent, Clarence Haverty, made a false and malicious affidavit in order that process might issue against her from the city court of…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1, 2. This case does not require a discussion of the various forms of action which may be brought to recover damages for an injury *281sustained by reason of the wrongful use of legal proceedings or process, according to the facts of any particular case. It is enough to consider whether this action is one for malicious prosecution (using the term in a broad sense, so as to include both criminal prosecutions and the similar malicious use of legal process consisting in instituting and prosecuting a civil ease without probable cause), or whether the petition…
2Cases cited2 opinions
- Porter v. JohnsonSupreme Court of Georgia · 1895
- Mullins v. MatthewsSupreme Court of Georgia · 1905
3Cited by47 opinions
- Dixie Broadcasting Corp. v. RiversSupreme Court of Georgia · 1952
- West Georgia Pulpwood & Timber Co. v. StephensCourt of Appeals of Georgia · 1973
- McElreath v. GrossCourt of Appeals of Georgia · 1919
- Ash v. CohnSupreme Court of New Jersey · 1937
- Baldwin v. DavisSupreme Court of Georgia · 1939
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