Kennemer v. Shahan

Court of Appeals of Georgia

Kennemer v. Shahan

148 S.E. 923, 40 Ga. App. 140, 1929 Ga. App. LEXIS 50

CourtCourt of Appeals of Georgia

DecidedJuly 9, 1929

Docket19756

StatusPublished

Cited by1 cases

This text of 148 S.E. 923 (Kennemer v. Shahan) 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

Kennemer v. Shahan, 148 S.E. 923, 40 Ga. App. 140, 1929 Ga. App. LEXIS 50 (Ga. Ct. App. 1929).

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Opinion

Bloodworth, J.

As to actions for damages on account of a malicious prosecution the statute provides that “the prosecution must be ended before the right of action accrues.” Civil Code (1910), § 4446. Bealizing this, counsel for the plaintiff alleged, in paragraph 9 of his petition, that the prosecutor “did on July 1, 1927, voluntarily abandon said prosecution, and the solicitor-general of said court declined to prosecute said case at said date, and the prosecution therefore terminated in favor of plaintiff.” However, these allegations were not supported by proof, and the court properly granted a nonsuit. Waters v. Winn, 142 Ga. 138 (82 S. E. 537, L. R. A. 1915A, 601, Ann. Cas. 1915D, 1248); Garrett v. Foy & Adams Co., 21 Ga. App. 614 (2) (94 S. E. 822); Rogers Co. v. Murray, 35 Ga. App. 49 (132 S. E. 139); Fulton Grocery Co. v. Maddox, 111 Ga. 260 (36 S. E. 647).

Judgment affirmed.

Broyles, C. J., and Luke, J., concur.

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Bloodworth, J.

As to actions for damages on account of a malicious prosecution the statute provides that “the prosecution must be ended before the right of action accrues.” Civil Code (1910), § 4446. Bealizing this, counsel for the plaintiff alleged, in paragraph 9 of his petition, that the prosecutor “did on July 1, 1927, voluntarily abandon said prosecution, and the solicitor-general of said court declined to prosecute said case at said date, and the prosecution therefore terminated in favor of plaintiff.” However, these allegations were not supported by proof, and the court properly granted a nonsuit. Waters v. Winn, 142 Ga. 138 (82 S. E. 537, L. R. A. 1915A, 601, Ann. Cas. 1915D, 1248); Garrett v. Foy & Adams Co., 21 Ga. App. 614 (2) (94 S. E. 822); Rogers Co. v. Murray, 35 Ga. App. 49 (132 S. E. 139); Fulton Grocery Co. v. Maddox, 111 Ga. 260 (36 S. E. 647).

Judgment affirmed.

Broyles, C. J., and Luke, J., concur.

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148 S.E. 923, 40 Ga. App. 140, 1929 Ga. App. LEXIS 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kennemer-v-shahan-gactapp-1929.

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