Sledge v. McLaren
Supreme Court of Georgia
Case, in Muscogee Superior Court. Tried before Judge Worrill, at May Term, 1859. This was an action on the case, brought originally by Birdsong & Sledge, against Peter' McLaren, for maliciously and without probable cause, suing out an attachment against plaintiffs, whereby their business as merchants was greatly damaged — in fact broken up. Damages laid at ten thousand dollars. Pending suit Birdsong died, and the action proceeded in the name of Sledge, the surviving partner.
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Case, in Muscogee Superior Court. Tried before Judge Worrill, at May Term, 1859. This was an action on the case, brought originally by Birdsong & Sledge, against Peter' McLaren, for maliciously and without probable cause, suing out an attachment against plaintiffs, whereby their business as merchants was greatly damaged — in fact broken up. Damages laid at ten thousand dollars. Pending suit Birdsong died, and the action proceeded in the name of Sledge, the surviving partner. This is the second time this case has been before this Court, and the facts will be found fully reported in the 24th…
1Opinion of the Court
— Benning J.
By the Court.
delivering the opinion.
Was the charge of the Court right ?
The charge asserts two propositions; one, that no right of action accrued to the plaiutiff, against the defendant, unless the attachment of the defendant, against the plaintiff (and his deceased partner,) was taken out by the defendant, with malice and xoithoutprobable cause ; the other, that the onus of proving the attachment to have been so taken out with malice and without probable cause, was on the plaintiff.
Were these propositions true?
We think that they were.
A rule of the common law, forbids one man to…
2Cited by16 opinions
- Porter v. JohnsonSupreme Court of Georgia · 1895
- Georgia Loan & Trust Co. v. JohnstonSupreme Court of Georgia · 1902
- Clement v. OrrCourt of Appeals of Georgia · 1908
- LeClear v. PerkinsMichigan Supreme Court · 1894
- Wilcox v. McKenzieSupreme Court of Georgia · 1886
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