81 Ga. 668 | Ga. | 1888
This was an action brought by the plaintiff against the defendants for a malicious prosecution. The defendants filed two pleas, to wit, the plea of the general issue, and the plea of justification. On the trial of the case, the .jury, under the charge of the court, found for the defendants upon the plea of the general issue. The plaintiff' made a motion for a new trial, upon the grounds set out therein, which was overruled by the court, and he excepted. The 5th, 6th and 7th grounds of the motion will be considered together. They are, in substance, that
When, therefore, a defendant files a plea of justification, it is an admission by him that he did the act complained of in the declaration. If it is an admission, then there is no necessity for the plaintiff to introduce proof to establish the facts set out in his declaration; the burden is shifted from the plaintiff' to the defendant
If we are correct in the above observations, it follows as a matter of course that, when the plea of justification is
Judgment reversed.