32 Ga. App. 312 | Ga. Ct. App. | 1924
Morrison brought suit for damages against the defendants in this case, who, with others, were plaintiffs in a previous proceeding in which it was sought to enjoin him from establishing and maintaining an undertaking establishment near their homes. The petition in this case, properly construed, is a suit for the malicious use of legal process. McElreath v. Gross, 23 Ga. App. 287 (1) (98 S. E. 190). In Marshall v. Armour Fertilizer Works, 24 Ga. App. 403 (100 S. E. 766), this court said: “There are three essential elements which must appear before one can recover for malicious use of legal process: (1) malice; (2) want of probable cause; and (3) that the proceeding complained of had terminated in favor of the defendant therein before suit for damages based upon it was brought.” That each' of the three elements mentioned in the
Judgment reversed.