Marable v. Mayer, Son & Co.
Supreme Court of Georgia
Actions. Malicious Prosecution. Malicious Suit. Pleadings. Mortgages. Contracts. Before Judge Branham. Floyd Superior Court.
Read the full summary
Actions. Malicious Prosecution. Malicious Suit. Pleadings. Mortgages. Contracts. Before Judge Branham. Floyd Superior Court. September Adjourned Term, 1886. On March 16, 1886, Marable brought his action for damages against Mayer, Son & Company, alleging, in brief, as follows: The defendants held a mortgage against him, dated January 12, 1885. At that time, he had received no goods from them and owed them nothing; but the mortgage and four notes, which it was given to secure, were to cover a prospective debt for purchases to be made. The plaintiff ordered, among other things, certain whiskey…
1Opinion of the Court
Hall, Justice.
In Wilcox vs. McKenzie, 75 Ga. 73, we held that an action to recover, damages for suing out and levying an attachment, and for instituting proceedings to obtain and serving summons of garnishment, could not be maintained, without alleging and providing malice and want of probable cause, and in the absence of such proof, a nonsuit was properly awarded; and that actions for criminal prosecution and civil suits require substantially the same allegations and proof. The declaration in this case failed to allege either a want of probable cause or that the suit on which the action was…
2Cases cited2 opinions
- Wilcox v. McKenzieSupreme Court of Georgia · 1886
- Cook v. WalkerSupreme Court of Georgia · 1860
3Cited by22 opinions
- Hicks v. BrantleySupreme Court of Georgia · 1897
- Porter v. JohnsonSupreme Court of Georgia · 1895
- Hearn v. BatchelorCourt of Appeals of Georgia · 1933
- Davison-Paxon Co. v. WalkerSupreme Court of Georgia · 1932
- Mullins v. MatthewsSupreme Court of Georgia · 1905
17 more not listed; retrieve them via the Exa API.