Henderson v. Francis
Supreme Court of Georgia
Charge of Court. Practice in Superior Court. Evidence. Pleadings. Justification. Malicious Arrest. Malicious Prosecution. Verdict. Before Judge Clarke. City Court of Atlanta.
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Charge of Court. Practice in Superior Court. Evidence. Pleadings. Justification. Malicious Arrest. Malicious Prosecution. Verdict. Before Judge Clarke. City Court of Atlanta. December Term, 1884 To the report contained in the decision, it is necessary to add only the following : The basis of this action for damages was the fact that Rachel Francis, one of the defendants, had caused the plaintiff to be arrested and had prosecuted him on a charge of larceny, it being alleged that this was malicious and without probable cause, and that on his trial he had been found not guilty. The defendant…
1Opinion of the Court
Blandfohd, Justice.
This was an action for malicious prosecution and arrest-. A verdict was had for defendant, the plaintiff moved for a new trial, which the court refused; exception is taken to this ruling of the court, and error thereon is assigned here.
1. There are many assignments of error as to the charge of the court and refusal to charge. The,charge of the court is set out fully in the record, and a careful examination of the same discloses no errors therein; it is full and fair, and covers all the issues in the case.
2. The refusal to charge was proper. A court is not bound to recharge…
2Cases cited1 opinion
- Ocean Steamship Co. v. WilliamsSupreme Court of Georgia · 1883
3Cited by16 opinions
- Fouche & Fouche v. Merchants National BankSupreme Court of Georgia · 1900
- Meyers v. GloverCourt of Appeals of Georgia · 1979
- Rigden v. Jordan & StewartSupreme Court of Georgia · 1888
- Price v. CobbCourt of Appeals of Georgia · 1940
- Braswell v. Equitable Mortgage Co.Supreme Court of Georgia · 1900
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