Berger v. Saul
Supreme Court of Georgia
Action for damages. Before Judge Reid. City court of Atlanta. December 17, 1900. Berger sued J. Saul & Company, alleging, in brief, that on November 17, 1898, the defendants instituted against him, in a justice’s court, an action of bail-trover, and, maliciously intending to injure him, made an affidavit for bail, and procured an order for his arrest, and had him imprisoned in jail from that date until December 16, 1898, when the case was decided in his favor and judgment…
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Action for damages. Before Judge Reid. City court of Atlanta. December 17, 1900. Berger sued J. Saul & Company, alleging, in brief, that on November 17, 1898, the defendants instituted against him, in a justice’s court, an action of bail-trover, and, maliciously intending to injure him, made an affidavit for bail, and procured an order for his arrest, and had him imprisoned in jail from that date until December 16, 1898, when the case was decided in his favor and judgment rendered discharging him from imprisonment; that the defendants made the above-mentioned affidavit for the purpose of…
1Opinion of the CourtCobb, J.
1. The justice's court was without jurisdiction to-hear and determiné the issues raised in the bail-trover proceeding.. Blocker v. Boswell, 109 Ga. 230; Casey v. Wagnon, 111 Ga. 874, and cases cited. Where the court is without jurisdiction of the subject-matter, there is no “prosecution,” and consequently the proceeding can not be made the basis of an action for malicious prosecution. Such is the rule laid down by the authorities, with few, if any, exceptions. See Newell, Mal. Pros. 351; Bixby v. Brundige, 68 Mass. 129, s. c. 61 Am. D. 443; Painter v. Ives, 4 Neb. 122, 127; Whiting v.…
2Cases cited9 opinions
- Page v. Citizens Banking Co.Supreme Court of Georgia · 1900
- Blocker v. BoswellSupreme Court of Georgia · 1899
- Satilla Manufacturing Co. v. CasonSupreme Court of Georgia · 1895
- Turpin v. RemyIndiana Supreme Court · 1833
- Painter v. IvesNebraska Supreme Court · 1875
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3Cited by5 opinions
- Massachusetts Cotton Mills v. HawkinsSupreme Court of Georgia · 1927
- Local 755, International Brotherhood of Electrical Workers v. Country Club East, Inc.Supreme Court of North Carolina · 1973
- Butler v. Tattnall BankSupreme Court of Georgia · 1913
- Brookshier v. WilliamsCourt of Appeals of Georgia · 1917
- Cain v. KendrickCourt of Appeals of Georgia · 1945