Bailey v. Century Finance Company

Dben, Judge.

1. “A right of action for malicious prosecution exists only when the prosecution is the result of a desire to injure the accused. In such an action malice against the accused may be inferred from want of probable cause; but the want of probable cause will not be inferred, even though malice is shown to have existed.” (Emphasis supplied.) Hicks v. Brantley, 102 Ga. 264 (1) (29 SE 459); Tanner-Brice Co. v. Barrs, 55 Ga. App. 453 (3) (190 SE 676). Nor can the presence of probable cause be inferred from lack of malice. It was accordingly error for the court to charge in this malicious…