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WIGGS v. FARMER

135 S.E.2d 829 (1964)

205 Va. 149

James O. WIGGS, Jr. v. Marian C. FARMER.

Supreme Court of Appeals of Virginia.

April 27, 1964.

Attorney(s) appearing for the Case

Richard G. Brydges, Virginia Beach (Bruce G. Murphy, James R. McKenry, Brydges & Broyles, Virginia Beach, on brief), for plaintiff in error.

L. Charles Burlage, Norfolk, for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.

WHITTLE, Justice.

This action was instituted by Marian C. Farmer against James O. Wiggs, Jr., seeking both general and punitive damages as a result of the alleged malicious prosecution of Mrs. Farmer by Wiggs.

Prior to the commencement of the trial, counsel for Wiggs moved for summary judgment. He admitted the truth of all allegations in the motion, but contended that in view of § 4-3 of the Princess Anne County Code he, as a matter of law, had probable...

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