ELLIS v. KNOWLES

34948.

90 Ga. App. 40 (1954)

81 S.E.2d 884

ELLIS et al. v. KNOWLES.

Court of Appeals of Georgia.

Decided April 12, 1954.


Attorney(s) appearing for the Case

Hicks & Culbert, for plaintiffs in error.

Clower & Anderson, contra.


FELTON, C. J.

1. The court did not err in overruling the defendant's general demurrers. The averments necessary to state a cause of action for malicious prosecution are contained in the petition in this case, to wit: (1) prosecution for a criminal offense; (2) under a valid warrant, accusation or summons; (3) that the prosecution terminated in favor of the plaintiff; (4) that it was instituted maliciously; (5) that it was instituted without probable cause; and (6...

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