American Plan Corp. v. Beckham

125 Ga. App. 416 (1972)

188 S.E.2d 151

AMERICAN PLAN CORPORATION

v.

BECKHAM.

46682.

Court of Appeals of Georgia.

Argued November 2, 1971.

Decided January 21, 1972.

Rehearing Denied February 2, 1972.

Hansell, Post, Brandon & Dorsey, W. Rhett Tanner, for appellant.

J. L. Jordan, for appellee.

JORDAN, Presiding Judge.

In this common law claim against American Plan Corporation, in the nature of an action for malicious use of civil process commenced in Fulton Superior Court in May, 1970, the defendant appeals the denial of a summary judgment. Held:

1. It is settled law that for a defendant to prevail as the…