Josey v. Grayson-Robinson, Inc.

The bringing of a civil suit maliciously and without probable cause is not a ground upon which an action may be maintained, unless the suit was one in which the person of the defendant was arrested or his property attached, or some special damage was done to him. Mitchell v. Southwestern Railroad, 75 Ga. 398 (3); Swain v. American Surety Co. of N. Y., 47 Ga. App. 501 (171 S. E. 217); Price v. Fidelity Trust Co., 74 Ga. App. 836 (41 S. E. 2d 614); Jacksonville Paper Co. v. Owen, 193 Ga. 23 (17 S. E. 2d 76); Counihan v. Ferrell, 89 Ga. App. 795 (81 S. E. 2d 214). This rule has been criticized…