Hyfield v. Bass Furnace Co

• Court: Georgia Supreme Court
• Writing for the Court: Per Curiam
• Citation: Hyfield v. Bass Furnace Co, 15 S.E. 752, 89 Ga. 827 (Ga. 1892)
• Decision Date: 27 August 1892
• Parties: Hyfield v. Bass Furnace Co.

15 S.E. 752

89 Ga. 827

Hyfield

v.Bass Furnace Co.

Supreme Court of Georgia.

Aug. 27, 1892.

Malicious Prosecution—Declaration—Sufficiency—Amendment.

A declaration alleging that defendant was indebted to plaintiff an amount stated, "op an account, for expenses incurred by him in defense of a suit brought by defendant against him without cause, a copy of which account is hereto attached, and made a part of this petition, " sets forth no cause of action; there being no description whatever of the suit, no allegation that it was brought maliciously, and none that it had terminated in favor of the present plaintiff. An amendment seeking to remove the first two of these defects was properly rejected, because, if this amendment had been allowed, the declaration would still have been fatally defective in the third respect indicated. It follows that the court was right in sustaining a demurrer to the declaration, and in dismissing the same. Marable v. Mayer, 3 S. E. Rep. 429, 78 Ga. 710; Ellison v. Railroad Co., 13 S. E. Rep. 809, 87 Ga. 692.

(Syllabus by the Court)

Error from superior court, Floyd county; J. W. Maddox, Judge.

Attachment by Robert Hyfield against the Bass Furnace Company. A demurrer to the declaration was sustained, and plaintiff brings error. Affirmed.

The following is the official report:

The plaintiff filed his declaration alleging that the corporation was indebted to him $150, besides interest, "on an account for expenses incurred by him in defense of a suit brought by said Bass Furnace Company against your petitioner without cause, a copy of which account is hereto attached, and made a part of this petition." The account contains a number of items, consisting of traveling expenses, hotel and livery bills, and a fee paid to counsel for defending the suit of the furnace company against the plaintiff. The court sustained an oral demurrer to the declaration, on the ground that it...