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DAVIS v. PAULK

37675.

99 Ga. App. 607 (1959)

109 S.E.2d 316

DAVIS v. PAULK.

Court of Appeals of Georgia.

Rehearing Denied May 25, 1959.

Attorney(s) appearing for the Case

G. Gerald Kunes, for plaintiff in error.

R. R. Forrester, Eberhardt, Franklin, Barham & Coleman, H. C. Eberhardt, contra.

TOWNSEND, Judge.

"The prosecution of a civil action maliciously and without probable cause gives rise to a cause of action for malicious use of process only when `the person of the defendant was arrested or his property attached, or some special damage was done to him.' Mitchell v. Southwestern R., 75 Ga. 398 (3); Woodley v. Coker, 119 Ga. 217 (46 S. E. 89); American Wholesale Corporation v. Kahn, 42 Ga.App. 411 (156 S. E...

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