Barnes v. Gossett Oil Co.

1. If a criminal process is sued out without probable cause, and an arrest is made under it, the remedy of the accused depends on whether or not he is actually prosecuted under the warrant. If after' the arrest the warrant is dismissed or not followed up, the remedy is for malicious arrest. But if the action is carried on to a1 prosecution, an action for malicious prosecution is the exclusive remedy, and an action for malicious arrest will not lie. Grist v. White, 14 Ga. App. 147 (80 S. E. 519). Therefore, where a petition was brought in two counts, one for malicious prosecution and the other…