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WHITEHEAD v. SOUTHERN DISCOUNT CO.

40306.

109 Ga. App. 126 (1964)

135 S.E.2d 496

WHITEHEAD et al. v. SOUTHERN DISCOUNT COMPANY.

Court of Appeals of Georgia.

Rehearing Denied February 13, 1964.

Attorney(s) appearing for the Case

Oze R. Horton, for plaintiffs in error.

Hansell, Post, Brandon & Dorsey, J. William Gibson, N. William Bath, contra.

BELL, Presiding Judge.

1. Malicious abuse of legal process occurs when a plaintiff in a civil proceeding wilfully misapplies the process of a court in order to obtain an object which the process is not intended by law to effect. Clement v. Orr, 4 Ga.App. 117 (60 SE 1017); McElreath v. Gross, 23 Ga.App. 287 (98 SE 190); Roberts v. Willys-Overland, Inc., 27 Ga.App. 304 (108 SE 138); Robinson v. Commercial Credit Co., 37 Ga.App. 291 (139 SE...

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