Hicks v. Brantley
Supreme Court of Georgia
Action for damages. Before Judge Hart. Laurens superior court. . December 14, 1896. Brantley brought suit against Hicks' for malicious prosecution.-' 1 Hicks pleaded justification, and set up that in prosecuting the plaintiff he had acted under the advice of the solicitor-general, after full disclosure of the truth of the case.
Read the full summary
Action for damages. Before Judge Hart. Laurens superior court. . December 14, 1896. Brantley brought suit against Hicks' for malicious prosecution.-' 1 Hicks pleaded justification, and set up that in prosecuting the plaintiff he had acted under the advice of the solicitor-general, after full disclosure of the truth of the case. The trial resulted in a verdict in favor of the plaintiff for $400; The defendant made a motion for a new trial, which was overruled, and he excepted. The motion alleged, that the verdict was. contrary to law and the evidence, and that the court erred in refusing to…
1Opinion of the CourtLittle, J.
Brantley brought an action to recover damages against Hicks for a malicious prosecution.. There was a verdict for the plaintiff, and a motion for a new trial, which was overruled. The motion was on the general grounds, and alleged error in giving to the jury certain charges, and in refusing to charge as requested. The legal questions involved are dealt with by us as indicated in the headnotes of the case, and as therein set out.
1. A cause of action where damages are sustained by one in consequence of a prosecution carried on maliciously and without any probable cause against him, is given by…
2Cases cited14 opinions
- Stacey v. EmerySupreme Court of the United States · 1878
- Carl v. . AyersNew York Court of Appeals · 1873
- Coleman v. AllenSupreme Court of Georgia · 1888
- Foshay v. FergusonNew York Supreme Court · 1846
- Johnson v. MillerSupreme Court of Iowa · 1886
9 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Melvin v. PenceCourt of Appeals for the D.C. Circuit · 1942
- Brown v. StateCourt of Appeals of Georgia · 1968
- Hearn v. BatchelorCourt of Appeals of Georgia · 1933
- Tanner-Brice Co. v. BarrsCourt of Appeals of Georgia · 1937
- Fleming v. U-Haul Co.Court of Appeals of Georgia · 2000
59 more not listed; retrieve them via the Exa API.