TERRY v. WONDER SEAL CO.

44650.

120 Ga. App. 423 (1969)

170 S.E.2d 745

TERRY v. WONDER SEAL COMPANY.

Court of Appeals of Georgia.

Decided October 2, 1969.


Attorney(s) appearing for the Case

Bullock, Yancey & Mitchell, Kyle Yancey, for appellant.

Evelyn M. Highsmith, for appellee.


EVANS, Judge.

1. The counterclaim based upon fraudulent misrepresentations fails to set out any claim for malicious use of process.

2. Damages for malicious use and abuse of process in this civil action cannot be recovered by the counterclaim in the trial of the same action. Fender v. Ramsey & Phillips, 131 Ga. 440, 442 (62 SE 527); Ellis v. Millen Hotel Co., 192 Ga. 66, 69 (14 S.E.2d 565); ...

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