Thornton v. Story
Court of Appeals of Georgia
Action for malicious prosecution; from city court of Elberton— Judge Tutt. February 11, 1919.
1Opinion of the CourtJenkins, P. J.
1. The assignment of error upon the exceptions pendente lite, taken to the overruling of the defendant’s demurrer, not having been argued by counsel, will be treated as abandoned.
2. In order to recover in an action for malicious prosecution, it must appear that the criminal prosecution has terminated in favor of the plaintiff, and the burden is on him to show that it was maliciously carried on, and that it was without probable cause. Civil Code (1910), §§ 4439, 4446; Wilcox v. McKenzie, 75 Ga. 73; Joiner v. Ocean Steamship Co., 86 Ga. 238 (12 S. E. 361); Seamans v. Hodge, 105 Ga. 159 (31 S.…
2Cases cited11 opinions
- Hicks v. BrantleySupreme Court of Georgia · 1897
- McElreath v. GrossCourt of Appeals of Georgia · 1919
- Joiner v. Ocean Steamship Co.Supreme Court of Georgia · 1890
- Boles v. StateSupreme Court of Georgia · 1890
- Grist v. WhiteCourt of Appeals of Georgia · 1914
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Darnell v. ShirleyCourt of Appeals of Georgia · 1924
- Hearn v. BatchelorCourt of Appeals of Georgia · 1933
- Vandalsem v. CaldwellCourt of Appeals of Georgia · 1924
- Price v. CobbCourt of Appeals of Georgia · 1940
- Sirmans v. PetersonCourt of Appeals of Georgia · 1931
10 more not listed; retrieve them via the Exa API.