Fryer v. Morrison
Court of Appeals of Georgia
1Opinion of the CourtBloodworth, J.
Morrison brought suit for damages against the defendants in this case, who, with others, were plaintiffs in a previous proceeding in which it was sought to enjoin him from establishing and maintaining an undertaking establishment near their homes. The petition in this case, properly construed, is a suit for the malicious use of legal process. McElreath v. Gross, 23 Ga. App. 287 (1) (98 S. E. 190). In Marshall v. Armour Fertilizer Works, 24 Ga. App. 403 (100 S. E. 766), this court said: “There are three essential elements which must appear before one can recover for malicious use of legal…
2Cases cited9 opinions
- Brantley v. Rhodes-Haverty Furniture Co.Supreme Court of Georgia · 1908
- McElreath v. GrossCourt of Appeals of Georgia · 1919
- Fender v. PhillipsSupreme Court of Georgia · 1908
- Waters v. WinnSupreme Court of Georgia · 1914
- Clement v. OrrCourt of Appeals of Georgia · 1908
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3Cited by5 opinions
- American Motors Finance Co. v. ClecklerCourt of Appeals of Texas · 1930
- Williams v. AdelmanCourt of Appeals of Georgia · 1930
- Wilcoxan v. Equitable Loan Co.Court of Appeals of Georgia · 1934
- Southland Loan & Investment Co. v. PattersonCourt of Appeals of Georgia · 1931
- Ward v. BengeCourt of Appeals of Georgia · 1965