Davis v. Gilbert

The petition, construed as a whole, is one brought for damages for malicious prosecution. It has been held by this court in Clark v. Douglas, 6 Ga. App. 489 (65 S. E. 304), that four elements are necessary in the tort action of malicious prosecution: (1) that the prosecution has terminated in favor of the plaintiff; (3) that the prosecution was instituted maliciously; (3) that it was brought without probable cause; and (4) that it has caused the plaintiff damage. By reference to the allegations of the petition as above summarized it will be noted that the prosecution did not ter-, mínate in…