Baker v. Langley

• Decision Date: 24 February 1908
• Docket Number: 751.
• Citation: 60 S.E. 371,3 Ga.App. 751
• Parties: BAKER v. LANGLEY.
• Court: Georgia Court of Appeals

60 S.E. 371

3 Ga.App. 751

BAKER v. LANGLEY.

No. 751.

Court of Appeals of Georgia

February 24, 1908

Syllabus by the Court.

In a suit to recover damages for malicious prosecution, it is sufficient proof that a prosecution was carried on to show that a warrant was issued, an arrest thereunder made, and a commitment for trial had. Francis v. Wood, 75 Ga. 648; Swift v. Witchard, 103 Ga. 193, 29 S.E. 762.

[Ed. Note.-For cases in point, see Cent. Dig. vol. 33, Malicious Prosecution,§§ 8-10.]

Any defect in the accusation in the trial court, or any waiver of such defects by the defendant, could not affect his right to recover damages in his suit for malicious prosecution.

[Ed. Note.-For cases in point, see Cent. Dig. vol. 33, Malicious Prosecution,§ 9.]

The advice of the state's attorney is no defense in a suit for malicious prosecution, unless such advice is given after a full, fair, and complete statement by the prosecutor of all the facts known to him relating to the offense. Hicks v. Brantley, 102 Ga. 264, 29 S.E. 459.

[Ed. Note.-For cases in point, see Cent. Dig. vol. 33, Malicious Prosecution,§§ 41-43.]

There was no material error of law, and the evidence fully supports the verdict.

Error from City Court of Nashville; H. B. Peeples, Judge.

Action between H. C. Baker and Ben Langley. From the judgment, Baker brings error. Affirmed.

C. C. Hall and Alexander & Gary, for plaintiff in error.

Fulwood & Murray and Buie & Knight, for defendant in error.

HILL, C.J.

Judgment affirmed.