Collum v. Turner
Supreme Court of Georgia
Action for damages. Before Judge Milner. Whitfield superior court. December 16, 1896. Collum made affidavit and caused a warrant to be issued thereon by a justice of the peace of Murray county, charging Turner with being “guilty of lying and misrepresentation.” Turner was arrested thereunder and carried before a justice of the peace of Whitfield county, who discharged him.
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Action for damages. Before Judge Milner. Whitfield superior court. December 16, 1896. Collum made affidavit and caused a warrant to be issued thereon by a justice of the peace of Murray county, charging Turner with being “guilty of lying and misrepresentation.” Turner was arrested thereunder and carried before a justice of the peace of Whitfield county, who discharged him. Upon the rendition of this judgment, Collum stated that if that warrant did not stick he would get one that would, and asked the justice to give him another one. At this point one Brown suggested that the whole thing be…
1Opinion of the CourtSimmons, C. J.
A warrant for the arrest of a person, issued upon an affidavit which charged such person with being “guilty of lying and misrepresentation,” is void as a criminal prosecution, and for that reason can not serve as the basis for the recovery of damages for a malicious prosecution, in a suit afterwards instituted for that purpose against the person causing such warrant to issue by the person against whom it was issued; and upon the trial of such a case it was error for the court to instruct the jury that a prosecution thus instituted and carried on could be the basis of a recovery. Satilla…
2Cases cited1 opinion
- Satilla Manufacturing Co. v. CasonSupreme Court of Georgia · 1895
3Cited by9 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
- Berger v. SaulSupreme Court of Georgia · 1901
- Cain v. KendrickSupreme Court of Georgia · 1945
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