Legal Opinion

Hamilton v. DuPre

Supreme Court of Georgia

Decided April 9, 1900PublishedCited by 23 opinions

Action for damages.. Before JudgeGober. Cobb superior court. November term, 1898.

1Opinion of the Court

Simmons, C J.

1. Where one, acting through her attorneys, sued out a diSi. tress warrant against another and had it levied upon the goods of the latter, neither the plaintiff nor the attorneys nor the officer executing the warrant were liable in an action for malicious prosecution without proof of malice and of want of probable cause. Porter v. Johnson, 96 Ga. 145, and cases cited.

2. Where such action for malicious prosecution was brought against the plaintiff in the distress warrant in the county of her residence, and her attorneys and the officer executing the warrant, who were residents of…

2Cases cited2 opinions

  1. Porter v. JohnsonSupreme Court of Georgia · 1895
  2. Rounsaville & Bros. v. McGinnisSupreme Court of Georgia · 1894

3Cited by23 opinions

  1. Central of Georgia Railway Co. v. BrownSupreme Court of Georgia · 1901
  2. Fowler v. Southern Airlines Inc.Supreme Court of Georgia · 1941
  3. Warren v. RushingSupreme Court of Georgia · 1916
  4. Ammons v. BolickSupreme Court of Georgia · 1974
  5. Richards & Associates, Inc. v. StudstillSupreme Court of Georgia · 1956

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