HESTER v. DIXIE FINANCE CORPORATION

40456.

109 Ga. App. 204 (1964)

135 S.E.2d 504

HESTER v. DIXIE FINANCE CORPORATION.

Court of Appeals of Georgia.

Rehearing Denied February 26, 1964.


Attorney(s) appearing for the Case

G. Gerald Kunes, for plaintiff in error.

Reinhardt & Ireland, Glenn Whitley, contra.


FELTON, Chief Judge.

"It is essential that an action for damages for malicious use of civil process show (1) malice, (2) want of probable cause, and (3) termination of the proceedings in a judgment in favor of the defendant." (Emphasis supplied.) Georgia Veneer &c. Co. v. Florida Nat. Bank, 198 Ga. 591 (2) (32 S.E.2d 465). See also cases annotated under Code § 105-801, catchword "Process." We construe the judgment of the trial court overruling...

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