Legal Opinion
Morgan v. Mize
Court of Appeals of Georgia
Decided October 3, 1968No. 43877PublishedCited by 18 opinions
1Opinion of the Court
Eberhardt, Judge.
1. A judgment entered upon a directed verdict not actually signed by the jury is not void or illegal. CPA § 50 (a) (Code Ann. § 81A-150 (a)); Bennett v. Associated Food Stores, post. See also Sullivan v. State, 29 Ga. App. 377 (115 SE 290), and cases cited.
2. (a) “In a suit for malicious prosecution the gravamen of the action is the want of probable cause on the part of the person instituting the prosecution. Tanner-Brice Co. v. Barrs, 55 Ga. App. 453, 454 (5) (190 SE 676). And whether the plaintiff was guilty or innocent of the charge for which he was prosecuted is not…
2Cases cited10 opinions
- Hicks v. BrantleySupreme Court of Georgia · 1897
- Auld v. Colonial Stores Inc.Court of Appeals of Georgia · 1947
- Tanner-Brice Co. v. BarrsCourt of Appeals of Georgia · 1937
- Turner v. BogleCourt of Appeals of Georgia · 1967
- Woodruff v. DossCourt of Appeals of Georgia · 1917
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- American Plan Corp. v. BeckhamCourt of Appeals of Georgia · 1972
- Brown v. ScottCourt of Appeals of Georgia · 1979
- Booker v. EddinsCourt of Appeals of Georgia · 1987
- McMillan v. Day Realty Associates, Inc.Court of Appeals of Georgia · 1980
- Wilson v. Home Depot, Inc.Court of Appeals of Georgia · 1986
13 more not listed; retrieve them via the Exa API.