Woodruff v. Woodruff
Supreme Court of Georgia
Malicious prosecution, in Fulton Superior Court. Tried before Judge Hammond, at October Term, 1856. This was an action for a malicious prosecution and false imprisonment, brought by James Woodruff against John Woodruff. The defendant pleaded the general issue. Plaintiff introduced the following testimony. 1st. The original affidavit and warrant charging plaintiff with an assault with intent to murder, with the entry of service thereon by a lawful officer. 2d.
Read the full summary
Malicious prosecution, in Fulton Superior Court. Tried before Judge Hammond, at October Term, 1856. This was an action for a malicious prosecution and false imprisonment, brought by James Woodruff against John Woodruff. The defendant pleaded the general issue. Plaintiff introduced the following testimony. 1st. The original affidavit and warrant charging plaintiff with an assault with intent to murder, with the entry of service thereon by a lawful officer. 2d. The original warrant of commitment under which plaintiff was imprisoned. 3d. The original recognizance for plaintiff's appearance at…
1Opinion of the Court
*243 By the Court.
Benning, J.
delivering the opinion.
Ought the Court below to have given the requests in charge to the jury.
If the evidence proved there was no assault, the requests were merely irrelevant. And we think that the evidence did prove that there was no assault
This was the evidence :
1st. The testimony of Paden, the foreman of the grand jury, to the effect, that the prosecutor, on his examination before the grand jury, swore that the accused “held the pistol in his hand, but did not present it.”
2d.- The testimony of Sanders, who swore, that when he and the prosecutor got “within…
2Cited by10 opinions
- Page v. Citizens Banking Co.Supreme Court of Georgia · 1900
- Joy Laskar, PH.D. v. Phillip W. HurdCourt of Appeals for the Eleventh Circuit · 2020
- Hearn v. BatchelorCourt of Appeals of Georgia · 1933
- Froehlich v. Ohio Department of Mental HealthOhio Supreme Court · 2007
- Sykes v. South Side Atlanta BankCourt of Appeals of Georgia · 1936
5 more not listed; retrieve them via the Exa API.