Georgia Court of Appeals, 1909

Speth v. Maxwell

Speth v. Maxwell
Georgia Court of Appeals · Decided October 1, 1909 · Russell
6 Ga. App. 630; 65 S.E. 580; 1909 Ga. App. LEXIS 409

Speth v. Maxwell

Opinion of the Court

Russell, J.

Under the ruling in Williams v. Inman, (1 Ga. App. 321 2, 3), the plaintiff was entitled to recover actual damages, irrespective of malice or want of probable cause. The questions of malice and want of probable cause should have been submitted to the jury only as to the allowance of exemplary damages in addition to the actual damages which the plaintiff was entitled to recover under the evidence. Consequently, it was error to direct a verdict in favor of the defendant.

Judgment reversed.

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