BAILEY v. CENTURY FINANCE COMPANY

44453.

119 Ga. App. 845 (1969)

169 S.E.2d 173

BAILEY v. CENTURY FINANCE COMPANY et al.

Court of Appeals of Georgia.

Decided June 20, 1969.


Attorney(s) appearing for the Case

Burch & Boswell, John S. Boswell, Sr., for appellant.

Coleman, Blackburn, Kitchens & Bright, Wilby C. Coleman, for appellees.


DEEN, Judge.

1. "A right of action for malicious prosecution exists only when the prosecution is the result of a desire to injure the accused. In such an action malice against the accused may be inferred from want of probable cause; but the want of probable cause will not be inferred, even though malice is shown to have existed." (Emphasis supplied.) Hicks v. Brantley, 102 Ga. 264 (1) (29 SE 459); Tanner-Brice Co. v. Barrs, 55 Ga.App. 453 (3)...

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