Brookshier v. Williams
Court of Appeals of Georgia
Action for damages; from Whitfield superior court—Judge Fite. April 5, 1916. Brookshier sued Williams in separate counts for malicious prosecution, false arrest, false imprisonment, and malicious abuse of process. The action was based on a prosecution begun by the swearing out of á warrant by Williams, charging Brookshier with the offense of larceny after trust of 12 gallons of sorghum.
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Action for damages; from Whitfield superior court—Judge Fite. April 5, 1916. Brookshier sued Williams in separate counts for malicious prosecution, false arrest, false imprisonment, and malicious abuse of process. The action was based on a prosecution begun by the swearing out of á warrant by Williams, charging Brookshier with the offense of larceny after trust of 12 gallons of sorghum. From the evidence it appears that Brookshier was a tenant cultivating land of Williams for a share of the crops. A dispute arose between them over certain cotton, for which the tenant sued out a possessory…
1Opinion of the CourtGeorge, J.
1. “An arrest under process of law, without probable cause, when done maliciously, gives a right of action to the party arrested.” Civil Code (1910), § 4450. “A criminal prosecution, maliciously carried on, and without any probable cause, whereby damage ensues to the party prosecuted, gives him a cause of action.” Civil Code (1910), § 4439.
2. An inquiry before a committing court, or a justice of the peace, amounts to a prosecution. Civil Code- (1910), § 4445. Any unlawful detention of the person of another, for any length of time, whereby he is deprived of his personal liberty, constitutes…
2Cases cited12 opinions
- Page v. Citizens Banking Co.Supreme Court of Georgia · 1900
- Hicks v. BrantleySupreme Court of Georgia · 1897
- Hartshorn v. SmithSupreme Court of Georgia · 1898
- King v. YarbraySupreme Court of Georgia · 1911
- Joiner v. Ocean Steamship Co.Supreme Court of Georgia · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hearn v. BatchelorCourt of Appeals of Georgia · 1933
- West v. BaumgartnerCourt of Appeals of Georgia · 1971
- West v. BaumgartnerCourt of Appeals of Georgia · 1971