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FLETCHER v. GEORGIA POWER CO.

43385.

117 Ga. App. 696 (1968)

161 S.E.2d 369

FLETCHER v. GEORGIA POWER COMPANY.

Court of Appeals of Georgia.

Decided April 25, 1968.

Attorney(s) appearing for the Case

L. M. Wyatt, John M. Wyatt, for appellant.

Richter & Birdsong, A. W. Birdsong, Jr., Troutman, Sams, Schroder & Lockerman, T. M. Smith, for appellee.

WHITMAN, Judge.

1. "In . . . a [malicious use of legal process] proceeding it must be made to appear not only that the previous proceeding has terminated against the former plaintiff, but that it proceeded maliciously and without probable cause. While it is true that a former judgment is conclusive as to every issue made by the pleadings, which must have been (or could have been and was) litigated (Acree v. Bandy, 20 Ga.App. 133, 135 (92 SE 765)), the former...

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