Wilcox v. McKenzie
Supreme Court of Georgia
Actions. Damages. Torts. Malice. Before Judge Simmons. Richmond Superior Court. October Adjourned Term, 1884. Sarah J. Wilcox brought an action for damages against Annie V. McKenzie, alleging, in brief, as follows: The defendant in this suit had filed a bill against certain administrators and the sureties on their bond, the plaintiff being one of them, alleging fraud, negligence a nd failure to account for moneys received by said administrators, which constituted a breach of…
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Actions. Damages. Torts. Malice. Before Judge Simmons. Richmond Superior Court. October Adjourned Term, 1884. Sarah J. Wilcox brought an action for damages against Annie V. McKenzie, alleging, in brief, as follows: The defendant in this suit had filed a bill against certain administrators and the sureties on their bond, the plaintiff being one of them, alleging fraud, negligence a nd failure to account for moneys received by said administrators, which constituted a breach of the bond. In aid of this bill, the complainant therein sued o ut process of garnishment, and certain persons indebted…
1Opinion of the Court
Hall, Justice.
*75The question is, whether an action to recover damages for suing out and levying an attachment, and for instituting proceedings to obtain, and serving summons of garnishment, can be maintained without proof of malice and want of probable cause ? If it can, then there was error in the decision rendered in this case, but if not, it is conceded that the judgment of non-suit was properly awarded. If the view insisted on by the plaintiff be correct, as was said by the Supreme Court of the United States in Stewart vs. Sonneborn, 98 U. S., 192, “ then every man who brings a suit against…
2Cases cited2 opinions
- Juchter v. Boehm, Bendheim & Co.Supreme Court of Georgia · 1880
- Sledge v. McLarenSupreme Court of Georgia · 1859
3Cited by23 opinions
- Porter v. JohnsonSupreme Court of Georgia · 1895
- Georgia Veneer & Package Co. v. Florida National BankSupreme Court of Georgia · 1944
- Woodley v. CokerSupreme Court of Georgia · 1903
- Georgia Loan & Trust Co. v. JohnstonSupreme Court of Georgia · 1902
- Clement v. OrrCourt of Appeals of Georgia · 1908
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