Courtenay v. Randolph

Pannell, Judge.

In these companion cases plaintiff filed

two-count complaints against the respective defendants. Count 1 alleged malicious prosecution and Count 2 false imprisonment. The trial court denied defendants’ motions for summary judgment as to Count 1 and granted their motions as to Count 2. We are treating these rulings in the reverse order.

1. (Count 2). If the plaintiff was arrested under a void warrant the action is for false imprisonment and if the warrant is valid malicious prosecution is the remedy. Smith v. Embry, 103 Ga. App. 375 (3) (119 SE2d 45); Lowe v. Turner, 115 Ga. App.…