American Wholesale Corp. v. Kahn

1. Since the passage of the statute of 52 Henry III., 1267, allowing costs to defendants in suits where the plaintiffs fail to recover, an action for maliciously bringing a suit can not be maintained unless .it be shown that the defendant had maliciously sued the plaintiff, either with the intent to imprison him, or to attach his property, or to do him some special damage; and this must be set out specially. Mitchell v. Southwestern Railroad, 75 Ga. 398 (3), 405. See McElreath v. Gross, 23 Ga. App. 287 (98 S. E. 190) ; Short v. Spragins, 104 Ga. 628 (30 S. E. 810) ; Ehrlich v. Exchange Bank,…