Satilla Manufacturing Co. v. Cason
Supreme Court of Georgia
Action for malicious prosecution. Before Judge Hardeman. Ware superior court. April term, 1895. The petition of Cason, filed in March, 1893, alleged: He has been damaged by the Satilla Manufacturing Company and Miles Albertson $5,000. On November 1, 1892, be was marshal of Way cross, and, acting under instructions of the chairman of the street committee of that city, ordered the overseer of the chaingang to take the convicts and have them work in the streets and lanes of…
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Action for malicious prosecution. Before Judge Hardeman. Ware superior court. April term, 1895. The petition of Cason, filed in March, 1893, alleged: He has been damaged by the Satilla Manufacturing Company and Miles Albertson $5,000. On November 1, 1892, be was marshal of Way cross, and, acting under instructions of the chairman of the street committee of that city, ordered the overseer of the chaingang to take the convicts and have them work in the streets and lanes of said city at a place designated. The overseer went to that place and began to work-the old road near the property of the…
1Opinion of the Court
Atkinson, Justice.
The facts are stated in the official report.
1. To enter upon the unenclosed lands of another without his consent and dig and grade a public street or alley is not a criminal offense under the law of this State, so far as we are advised or can ascertain, and is therefore not an indictable trespass. It gives to the person injured ajfight of ac*17tion civilly, but upon proof of such facts no conviction could be had as for a crime or misdemeanor; and hence an affidavit upon which a warrant issued for the apprehension of a given person, which did not allege more than that such…
2Cited by18 opinions
- Smith v. EmbryCourt of Appeals of Georgia · 1961
- Lovell v. DrakeCourt of Appeals of Georgia · 1939
- Cary v. Highland Bakery Inc.Court of Appeals of Georgia · 1935
- Nelson v. HillNew Mexico Supreme Court · 1924
- Alexander v. WestCourt of Appeals of Georgia · 1909
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