Barwick v. Stevens Hardware Co.
Court of Appeals of Georgia
Action for malicious prosecution; from Laurens superior court —Judge Kent. January 31, 1919. A joint action for damages against the Stevens Hardware Company, a corporation, and against H. G. Stevens, president, and H. C. Tharpe, secretary and treasurer of the company, was filed on October 20, 1917, by J. W. Barwick, who in his petition alleged, in substance, that on September 14, 1916, the defendants appeared before a named justice of the peace of Laurens county, Georgia,…
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Action for malicious prosecution; from Laurens superior court —Judge Kent. January 31, 1919. A joint action for damages against the Stevens Hardware Company, a corporation, and against H. G. Stevens, president, and H. C. Tharpe, secretary and treasurer of the company, was filed on October 20, 1917, by J. W. Barwick, who in his petition alleged, in substance, that on September 14, 1916, the defendants appeared before a named justice of the peace of Laurens county, Georgia, and falsely, maliciously, and without reasonable or probable cause, charged the plaintiff with a misdemeanor, and caused…
1Opinion of the CourtBroyx.es, C. J.
The petition as amended failed to set forth a cause of action, and the court did not err in sustaining the general .demurrer interposed and in dismissing the suit.
Judgment affirmed.
2ConcurrenceBlbodworth, J.
Luke, J., disqualified. Hightower & Burch, W. A. Dam-pier, for plaintiff,
cited: Clark v. Douglas, 6 Ga. App, 490; Burdick on Torts, 490; Pickard v. Bridges, 7 Ga. App. 463; Flint v. State, 12 Ga. App. 169; Page v. Citizens Bkg. Co., 111 Ga. 73; Civil Code (1910), §§ 4439-40, 4444, 4451; Stewart v. Mulligan, 11 Ga. App. 660-1.
J. S. Adams, for defendant,
cited: Park’s Code, § 4446; Brantley v. Rhodes-Haverty Co., 131…
3Cases cited18 opinions
- Page v. Citizens Banking Co.Supreme Court of Georgia · 1900
- Brantley v. Rhodes-Haverty Furniture Co.Supreme Court of Georgia · 1908
- Luke v. HillSupreme Court of Georgia · 1911
- Clement v. OrrCourt of Appeals of Georgia · 1908
- Marable v. Mayer, Son & Co.Supreme Court of Georgia · 1887
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