Fletcher v. Georgia Power Co.

Whitman, Judge.

1. “In ... a [malicious use of legal process] proceeding it must be made to appear not only that the previous proceeding has terminated against the former plaintiff, but that it proceeded maliciously and without probable cause. While it is true that a former judgment is conclusive as to every issue made by the pleadings, which must have been (or could have been and was) litigated (Aeree v. Bandy, 20 Ga. App. 133, 135 (92 SE 765)), the former litigation which is the basis of the present suit determined only where the preponderance of the evidence lay, and the failure of the…