Atlanta Finance Co. v. Dean
This text of 133 S.E. 304 (Atlanta Finance Co. v. Dean) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The legal process, the use of which by the defendant is complained of by the plaintiff, having been used for the purpose which it was intended by law to. subserve, the present suits can not be maintained as actions-for malicious abuse of legal process. Nor were they maintainable on the theory that the previous legal proceeding was a malicious use of legal process, since the petition fails to allege that the [422]*422previous proceeding had terminated in favor of the defendant therein prior to the filing of the present actions for damages. It follows that the demurrer to the petition in each of the eases stated should have been sustained and the suits dismissed. Vandalsem v. Caldwell, 33 Ga. App. 88 (8), 90 (125 S. E. 716).
Judgment reversed.
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Cite This Page — Counsel Stack
133 S.E. 304, 35 Ga. App. 421, 1926 Ga. App. LEXIS 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlanta-finance-co-v-dean-gactapp-1926.