Legal Opinion
O'Berry v. Davis
Court of Appeals of Georgia
Decided March 6, 1924No. 15179PublishedCited by 7 opinions
1Opinion of the CourtLuke, J.
1. In an action lor damages for an alleged malicious criminal prosecution, the controlling issues are (1) whether the prosecution was carried on maliciously, and (2) whether it was carried on without any probable cause. Civil Code (1910), § 4439; Joiner v. Ocean Steamship Co., 86 Ga. 238 (12 S. E. 361); Thornton v. Story, 24 Ga. App. 503 (2) (101 S. E. 309).
2. Evidence is relevant when it relates to the questions being tried by the jury and bears upon them either directly or indirectly. Civil Code (1910), § 5744.
3. Applying the foregoing principles to the facts of this ease, the plaintiff…
2Cases cited5 opinions
- Joiner v. Ocean Steamship Co.Supreme Court of Georgia · 1890
- Boles v. StateSupreme Court of Georgia · 1890
- Thornton v. StoryCourt of Appeals of Georgia · 1919
- Branson v. StateSupreme Court of Georgia · 1896
- Torrent v. SulterSupreme Court of Georgia · 1881
3Cited by7 opinions
- Brinson v. HesterSupreme Court of Georgia · 1938
- Turner v. BogleCourt of Appeals of Georgia · 1967
- Morgan v. MizeCourt of Appeals of Georgia · 1968
- Sykes v. South Side Atlanta BankCourt of Appeals of Georgia · 1936
- Campbell v. TatumCourt of Appeals of Georgia · 1944
2 more not listed; retrieve them via the Exa API.