MASSEY STORES, INC. v. REEVES

40964.

111 Ga. App. 227 (1965)

141 S.E.2d 227

MASSEY STORES, INC. et al. v. REEVES.

Court of Appeals of Georgia.

Decided February 23, 1965.


Attorney(s) appearing for the Case

Stewart, Sartain & Carey, Joe B. Sartain, Jr., T. Penn McWhorter, for plaintiffs in error.

Brannon, Brannon & Schuder, E. C. Brannon, Jr., contra.


BELL, Presiding Judge.

1. This is an action for malicious prosecution. It involves mistaken identity.

The evidence is uncontradicted that there never was a warrant issued for the arrest of the plaintiff in this case. The fact that the defendants, with probable cause, obtained a warrant meant for another person having the identical name of plaintiff cannot be expanded to infer that the defendant intended maliciously for just any person of that name ...

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