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MATHEWS v. MURRAY

38151.

101 Ga. App. 216 (1960)

113 S.E.2d 232

MATHEWS v. MURRAY.

Court of Appeals of Georgia.

Decided February 10, 1960.

Attorney(s) appearing for the Case

D. M. Johnson, for plaintiff in error.

Harold R. Banke, Marvin A. Miller, contra.

TOWNSEND, Judge.

1. An action for false imprisonment under Code § 105-901 will not lie where it appears that the arrest and imprisonment were by virtue of a valid process. Gordon v. West, 129 Ga. 532 (1) (59 S. E. 232, 13 L. R. A. (NS) 549). Similarly, an action for malicious arrest under Code § 105-1001 will not lie where it is not alleged that the proceedings out of which the writ issued terminated in favor of the plaintiff. Waters

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