Seamans v. Hoge
Supreme Court of Georgia
Action for malicious prosecution. .Before Judge Boss, City court-of Macon. March term, 1897. The plaintiff was prosecuted by the defendant for being a common cheat and swindler, and upon acquittal brought this suit for malicious prosecution. The defendant by his plea admitted that he instituted and carried on the prosecution, alleging that he had probable cause for so doing, and denying that he was actuated by any malice.
Read the full summary
Action for malicious prosecution. .Before Judge Boss, City court-of Macon. March term, 1897. The plaintiff was prosecuted by the defendant for being a common cheat and swindler, and upon acquittal brought this suit for malicious prosecution. The defendant by his plea admitted that he instituted and carried on the prosecution, alleging that he had probable cause for so doing, and denying that he was actuated by any malice. The verdict was in his favor, and the plaintiff's motion for a new trial was overruled. The defendant kept a drug-store and soda-fountain where he dispensed carbonic-acid…
1Opinion of the CourtSimmons, C. J.
In order for a -plaintiff to recover in an action for malicious prosecution, the burden is on him to show that the prosecution was instituted without probable cause. The want of probable cause is the-gravamen of the action. Plaintiff may show express malice on the part of the prosecutor, and *163still, if lie fail to show that the prosecutor acted without probable cause, he can not recover. The prosecutor in a criminal ■case may have improper motives, may have hatred and malice towards the accused, and yet, if he have probable cause for the prosecution, damages can not be recovered against him.…
2Cases cited3 opinions
- Joiner v. Ocean Steamship Co.Supreme Court of Georgia · 1890
- Marable v. Mayer, Son & Co.Supreme Court of Georgia · 1887
- Rigden v. Jordan & StewartSupreme Court of Georgia · 1888
3Cited by8 opinions
- Darnell v. ShirleyCourt of Appeals of Georgia · 1924
- Tanner-Brice Co. v. BarrsCourt of Appeals of Georgia · 1937
- South Georgia Grocery Co. v. BanksCourt of Appeals of Georgia · 1935
- Thornton v. StoryCourt of Appeals of Georgia · 1919
- Vandhitch v. AlversonCourt of Appeals of Georgia · 1935
3 more not listed; retrieve them via the Exa API.