Wall v. Seaboard Air-Line Railway
Court of Appeals of Georgia
Action for damages; from city court of Savannah — Judge Davis Ereeman. December 18, 1915.
1Opinion of the CourtHodses, J.
1. The 'petition alleges that the defendants “conspired together wickedly, falsely, and maliciously, for the sole purpose of instituting, and to have instituted, a wilful, wicked, false, and malicious criminal prosecution against him,” but does not allege that any prosecution was ever instituted. It simply charges a conspiracy to prosecute. A malicious prosecution must be ended before the right of action accrues. Civil Code, § 4446. This one had no beginning; consequently there was no cause of action for malicious prosecution.
2. An overt act must be done in pursuance of and in execution of…
2Cases cited8 opinions
- Adler v. FentonSupreme Court of the United States · 1861
- Woodruff v. HughesCourt of Appeals of Georgia · 1907
- Sheftall v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
- Holmes v. ClisbySupreme Court of Georgia · 1904
- Whitley v. NewmanCourt of Appeals of Georgia · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hardaway v. Sherman Enterprises, Inc.Court of Appeals of Georgia · 1974
- Jones v. SpindelCourt of Appeals of Georgia · 1966
- Examination Management Services, Inc. v. SteedCourt of Appeals of Georgia · 2016
- Liberty Mutual Insurance Co. v. LipscombCourt of Appeals of Georgia · 1937
- Reeves v. MaynardCourt of Appeals of Georgia · 1924
7 more not listed; retrieve them via the Exa API.