Cary v. Highland Bakery Inc.

Plaintiff instituted suit for damages, predicated on the alleged malicious prosecution by the defendants of a criminal prosecution against her. Plaintiff alleged that the defendants 'charged and prosecuted her for certain penal offenses against the laws of this State, to wit violations of sections 95, 102 and 781 of the Penal Code (1910). No allegations were made as to any warrant or accusation having been sworn out for such alleged crimes. *554She alleges that as the result of an altercation with the defendants, they called the police officers of the city of Atlanta and the plaintiff was…