I. C. & J. C. Collier, Inc. v. Buice
| Decision Date | 14 December 1926 |
| Docket Number | 17660. |
| Citation | 136 S.E. 287,36 Ga.App. 198 |
| Parties | I. C. & J. C. COLLIER, Inc., v. BUICE. |
| Court | Georgia Court of Appeals |
Rehearing Denied Jan. 11, 1927.
Syllabus by the Court.
"There is a 'malicious abuse of legal process' where a party employs civil process wrongfully and unlawfully and for a purpose not intended by law, and for such abuse of civil process an action will lie." King v. Yarbray, 136 Ga. 212 (1), 71 S.E. 131; Atlanta Ice & Coal Co. v. Reeves, 136 Ga. 294, 296, 71 S.E. 421, 36 L.R.A. (N. S.) 1112.
[Ed. Note.-For other definitions, see Words and Phrases, First and Second Series, Malicious Abuse of Process.]
In an action for malicious abuse of legal process it is not incumbent upon the plaintiff to allege that the action in which the process was issued has terminated in his favor. King v. Yarbray, 136 Ga. 213, 71 S.E. 131.
A proceeding to evict one in possession of lands cannot be maintained, unless the relation of landlord and tenant exists between the parties. Edwards v. Blackshear, 24 Ga.App. 622, 101 S.E. 585, and citations.
Where the relation of landlord and cropper exists, the cropper cannot be dispossessed under a summary warrant. Robson v. Cofield, 113 Ga. 1153, 39 S.E. 472.
Under the above-stated rulings and the facts of the instant case the court did not err in overruling all the demurrers to the amended petition except the special demurrer (which was sustained) to that paragraph of the petition which set up as an item of damages the expense of hiring counsel.
Error from Superior Court, Lamar County; G. Ogden Persons, Judge.
Action by Abraham Buice against I. C. & J. C. Collier, Inc. Judgment for plaintiff, and defendant brings error. Affirmed.
Claude Christopher, of Barnesville, for plaintiff in error.
H. J. Kennedy, of Barnesville, for defendant in error.
BROYLES, C.J. Judgment affirmed.
BLOODWORTH, J., absent on account of illness.
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