Legal Opinion

Tanner-Brice Co. v. Barrs

Court of Appeals of Georgia

Decided March 11, 1937No. 25935PublishedCited by 29 opinions

1Opinion of the CourtBroyles, C. J.

1. The court did not err in allowing the amendments to the petition, or in overruling the demurrers to the petition as amended.

2. “In actions for malicious prosecution, the question is, not whether the plaintiff was guilty, but whether the defendant had reasonable came to so believe — whether the circumstances were such as to create in the mind of the defendant a reasonable belief that there was probable cause for the prosecution. Johnson v. Miller, 63 Iowa, 529. Probable cause is defined to be the existence of such facts and circumstances as would excite the belief in a reasonable mind,…

2Cases cited14 opinions

  1. Hicks v. BrantleySupreme Court of Georgia · 1897
  2. Hartshorn v. SmithSupreme Court of Georgia · 1898
  3. Darnell v. ShirleyCourt of Appeals of Georgia · 1924
  4. Hearn v. BatchelorCourt of Appeals of Georgia · 1933
  5. Johnson v. MillerSupreme Court of Iowa · 1884

9 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Melton v. LaCalamitoCourt of Appeals of Georgia · 1981
  2. Sanfrantello v. Sears, Roebuck & Co.Court of Appeals of Georgia · 1968
  3. Day Realty Associates, Inc. v. McMillanSupreme Court of Georgia · 1981
  4. West v. BaumgartnerSupreme Court of Georgia · 1972
  5. Turner v. BogleCourt of Appeals of Georgia · 1967

24 more not listed; retrieve them via the Exa API.

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