Theo v. Crawford

Felton, Chief Judge.

1. In the trial of an action for malicious use of process, in which actual and punitive damages are sought, it was error for the court to admit evidence tending to show the worldly circumstances of the defendant. Central of Ga. R. Co. v. Newton, 23 Ga. App. 96 (97 SE 553) and citations.

2. It was error for the court to admit evidence of items of damages when allegations setting forth such damages had been stricken on special demurrer.

3. Unless actual damages are sufficiently proved in such a case punitive damages are not recoverable. Beverly v. Observer Pub. Co., 88 Ga.…