Speth v. Maxwell

Court of Appeals of Georgia

Speth v. Maxwell

65 S.E. 580, 6 Ga. App. 630, 1909 Ga. App. LEXIS 409

CourtCourt of Appeals of Georgia

DecidedOctober 1, 1909

Docket1596

StatusPublished

Cited by3 cases

This text of 65 S.E. 580 (Speth v. Maxwell) 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

Speth v. Maxwell, 65 S.E. 580, 6 Ga. App. 630, 1909 Ga. App. LEXIS 409 (Ga. Ct. App. 1909).

Pincite

Opinion

Russell, J.

Under the ruling in Williams v. Inman, (1 Ga. App. 321 2, 3), the plaintiff was entitled to recover actual damages, irrespective of malice or want of probable cause. The questions of malice and want of probable cause should have been submitted to the jury only as to the allowance of exemplary damages in addition to the actual damages which the plaintiff was entitled to recover under the evidence. Consequently, it was error to direct a verdict in favor of the defendant.

Judgment reversed.

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Russell, J.

Under the ruling in Williams v. Inman, (1 Ga. App. 321 2, 3), the plaintiff was entitled to recover actual damages, irrespective of malice or want of probable cause. The questions of malice and want of probable cause should have been submitted to the jury only as to the allowance of exemplary damages in addition to the actual damages which the plaintiff was entitled to recover under the evidence. Consequently, it was error to direct a verdict in favor of the defendant.

Judgment reversed.

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Bluebook (online)

65 S.E. 580, 6 Ga. App. 630, 1909 Ga. App. LEXIS 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/speth-v-maxwell-gactapp-1909.

Opinion

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