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ABERNATHY v. DOVER

52462.

139 Ga. App. 323 (1976)

228 S.E.2d 359

ABERNATHY v. DOVER.

Court of Appeals of Georgia.

Decided July 15, 1976.

Attorney(s) appearing for the Case

William G. Hasty, Jr., Thomas A. Roach, for appellant.

Smith, Shaw, Maddox, Davidson & Graham, William E. Davidson, Jr., for appellee.

BELL, Chief Judge.

This is a malicious prosecution suit in which the defendants' motion for summary judgment was granted. The plaintiff appeals. Held:

The issue in this type of action is the lack of probable cause on the part of the prosecution. Morgan v. Mize, 118 Ga.App. 534 (164 S.E.2d 565). Ordinarily the existence of probable cause is a jury question. Code § 105...

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