Auld v. Colonial Stores Inc.

(After stating the foregoing facts.) The first headnote is a statement of a portion of the statutory law on the question of suits for malicious prosecution, and needs no elaboration.

Where there is probable cause, a suit for malicious prosecution cannot be maintained. Our Code (§ 105-802), provides that the want of probable cause shall exist when the circumstances are such as to satisfy a reasonable man that the accuser had no ground for proceeding but his desire to injure the accused. But this is not exhaustive of all the instances of probable cause. Coleman v. Allen, 79 Ga. 637, 642 (5 S. E.…