Kendall v. Goodson

Court of Appeals of Georgia

Kendall v. Goodson

96 S.E. 343, 22 Ga. App. 491, 1918 Ga. App. LEXIS 568

CourtCourt of Appeals of Georgia

DecidedJuly 10, 1918

Docket9635

StatusPublished

Cited by2 cases

This text of 96 S.E. 343 (Kendall v. Goodson) 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.

Bluebook

Kendall v. Goodson, 96 S.E. 343, 22 Ga. App. 491, 1918 Ga. App. LEXIS 568 (Ga. Ct. App. 1918).

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Opinion

Bboyles, P. J.

1. In an action for’damages for malicious prosecution, where the petition alleges that the prosecution was without probable cause, allegations showing that the defendant appeared before the grand jury as a witness and succeeded in getting a true bill returned against the petitioner, on an indictment drawn by the solicitor-general of the circuit, do not render the petition subject to general demurrer, when it does not appear that the defendant made to the solicitor-general a fair, 'truthful, and complete statement of the facts connecting the petitioner with the alleged criminal offenses. Hicks v. Brantley, 102 Ga. 264, 273 (29 S. E. 459). See also Clark v. Douglas, 6 Ga. App. 489 (65 S. E. 304).

2. Under the foregoing ruling the court did not err in overruling the general demurrer to the petition.

Judgment affirmed.

Bloodworth and Harwell, JJ., concur.

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Bboyles, P. J.

1. In an action for’damages for malicious prosecution, where the petition alleges that the prosecution was without probable cause, allegations showing that the defendant appeared before the grand jury as a witness and succeeded in getting a true bill returned against the petitioner, on an indictment drawn by the solicitor-general of the circuit, do not render the petition subject to general demurrer, when it does not appear that the defendant made to the solicitor-general a fair, 'truthful, and complete statement of the facts connecting the petitioner with the alleged criminal offenses. Hicks v. Brantley, 102 Ga. 264, 273 (29 S. E. 459). See also Clark v. Douglas, 6 Ga. App. 489 (65 S. E. 304).

2. Under the foregoing ruling the court did not err in overruling the general demurrer to the petition.

Judgment affirmed.

Bloodworth and Harwell, JJ., concur.

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96 S.E. 343, 22 Ga. App. 491, 1918 Ga. App. LEXIS 568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kendall-v-goodson-gactapp-1918.

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