Southland Loan & Investment Co. v. Patterson
Court of Appeals of Georgia
1Opinion of the CourtLuke, J.
1. Tlie allegation in the petition in this case that “the defendant company by and through its agent, credit manager, and representative, R. T. Leppert, made a false and malicious affidavit without probable cause,” etc., sufficiently alleges an act done by the defendant. Gilmer v. Allen, 9 Ga. 208 (4).
2. The petition in this case, alleging malice, want of probable cause, and that the proceedings complained of had terminated in favor of the defendant therein before suit for damages based upon such proceedings was brought, sets out an action for the malicious use of legal process. Fryer v.…
2Cases cited6 opinions
- McElreath v. GrossCourt of Appeals of Georgia · 1919
- Mullins v. MatthewsSupreme Court of Georgia · 1905
- Clement v. OrrCourt of Appeals of Georgia · 1908
- Williams v. AdelmanCourt of Appeals of Georgia · 1930
- Gilmer v. AllenSupreme Court of Georgia · 1850
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