Atlanta Ice & Coal Co. v. Reeves
Supreme Court of Georgia
Action for damages. Before Judge Bell. Eulton superior court. April 21, 1910. The suit-was by W. E. Reeves against the Atlanta Ice and Coal Company. The exception is to the overruling of general and special demurrers.
Read the full summary
Action for damages. Before Judge Bell. Eulton superior court. April 21, 1910. The suit-was by W. E. Reeves against the Atlanta Ice and Coal Company. The exception is to the overruling of general and special demurrers. In substance the plaintiff alleged, that in July, 190'9, he was served with a copy of a summons issued by the N. P. & Ex-Officio J. P. of the 1026th District, G. M., Eulton county, Georgia, in a suit instituted by the defendant against the plaintiff on an account for one dollar. Upon service of the suit the plaintiff’s wife, at his request, took the copy of the suit and went to…
1Opinion of the CourtEvans, P. J.
(After stating the facts.) The wrong of which the plaintiff complains is the malicious abuse of civil process. The substance of the complaint is that the defendant fraudulently procured a judgment upon a spurious'claim against the plaintiff, which judgment was maliciously and oppressively enforced by directing the seizure of the plaintiff’s property, which was averted only by the payment of the fraudulent judgment by the plaintiff’s wife during his absence. If civil process is unlawfully made use of for a purpose not justified by the law, this is an abuse for which an action will lie.…
2Cases cited5 opinions
- Barnett v. ReedSupreme Court of Pennsylvania · 1866
- King v. YarbraySupreme Court of Georgia · 1911
- Juchter v. Boehm, Bendheim & Co.Supreme Court of Georgia · 1880
- Riley v. Wrightsville & Tennille RailroadSupreme Court of Georgia · 1909
- Hathaway v. SmithSupreme Court of Georgia · 1903
3Cited by14 opinions
- Hall v. Field Enterprises, Inc.District of Columbia Court of Appeals · 1953
- Grist v. WhiteCourt of Appeals of Georgia · 1914
- Henry Darling Inc. v. Harvey-Given Co.Court of Appeals of Georgia · 1930
- Tapley v. YoumansCourt of Appeals of Georgia · 1957
- Collier Inc. v. BuiceCourt of Appeals of Georgia · 1926
9 more not listed; retrieve them via the Exa API.