DAY REALTY v. McMILLAN

37142.

247 Ga. 561 (1981)

277 S.E.2d 663

DAY REALTY ASSOCIATES, INC. v. McMILLAN.

Supreme Court of Georgia.

Decided May 6, 1981.


Attorney(s) appearing for the Case

William S. Goodman, Scott E. Tinnon, for appellant.

Louis F. McDonald, for appellee.


UNDERCOFLER, Justice.

We granted cert. in this case to answer the question: "Is a jury question presented in an action for malicious prosecution where the defendant obtains an arrest warrant for theft by taking of several items and the evidence, as a matter of law, supports a finding of probable cause for some items, but not for all of them?" We answer in the negative and reverse that part of the Court of Appeals opinion which holds otherwise. McMillan v. Day Realty...

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