Darnell v. Shirley
Court of Appeals of Georgia
1Opinion of the CourtLuke, J.
1. In an action to recover damages for an alleged malicious criminal prosecution, the piaintiil carries the burden of proving not only that such prosecution was maliciously carried on, but also that it was carried on without any probable cause. Civil Code (1910), § 4439; Joiner v. Ocean Steamship Co., 86 Ga. 238 (12 S. E. 361); Thornton v. Story, 24 Ga. App. 503 (2) (101 S. E. 309); O’Berry v. Davis, ante, 755.
2. The “malice” contemplated by law in an action for malicious prosecution is the same as in an action for malicious arrest, and “may consist in personal spite or in a general disregard…
Also in this document: Concurrence.
2Cases cited8 opinions
- Hartshorn v. SmithSupreme Court of Georgia · 1898
- Waters v. WinnSupreme Court of Georgia · 1914
- Joiner v. Ocean Steamship Co.Supreme Court of Georgia · 1890
- Boles v. StateSupreme Court of Georgia · 1890
- Thornton v. StoryCourt of Appeals of Georgia · 1919
3 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Melton v. LaCalamitoCourt of Appeals of Georgia · 1981
- Monroe v. SiglerSupreme Court of Georgia · 1987
- Georgia Veneer & Package Co. v. Florida National BankSupreme Court of Georgia · 1944
- Freezer v. MillerSupreme Court of Virginia · 1934
- Hearn v. BatchelorCourt of Appeals of Georgia · 1933
43 more not listed; retrieve them via the Exa API.