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GUTH v. WALKER

35762.

92 Ga. App. 490 (1955)

88 S.E.2d 821

GUTH v. WALKER.

Court of Appeals of Georgia.

Decided July 12, 1955.

Attorney(s) appearing for the Case

Ralph C. Brown, Abraham J. Walcoff, for plaintiff in error.

Geo. W. Foster, Jr., Nall, Sterne, Miller, Cadenhead & Dennis, contra.

TOWNSEND, J.

"Malicious prosecution is an action ex delicto for the recovery of damages which have proximately resulted to person, property, or reputation from a previous unsuccessful civil or criminal proceeding, which was prosecuted without probable cause and with malice." 54 C. J. S. 951, § 1. In this State the term "malicious prosecution" is applied to criminal cases under the provisions of Code § 105-801...

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