Hodge v. Savannah Office Supply & Business MacHine Co.
Docket: 42247
Court: Court of Appeals of Georgia; September 20, 1966; Georgia; State Appellate Court
Hodge v. Savannah Office Supply and Business Machine Company involves a legal dispute where the plaintiff alleges that the defendant wrongfully levied personal property not covered by a bill of sale to secure debt originally held by Lamar Freeman. The plaintiff claims to have purchased certain assets from Freeman, which included inventory and other items located at specified premises. The defendant's actions, according to the plaintiff, were intended to coerce the surrender of all assets, harming the interests of employees, creditors, and stockholders. The court addressed the concept of malicious abuse of legal process, defining it as the willful misapplication of court process for an unintended purpose. Two essential elements for this claim are identified: (1) the existence of an ulterior motive and (2) improper use of the process in the regular course of proceedings. The court noted that using legal process legitimately, even with bad intentions, does not constitute malicious abuse. The court found that the plaintiff's allegations regarding the improper levying of property were sufficient to survive the defendant's general demurrer, affirming the trial court's decision. The judgment was upheld, with concurring opinions from Judges Hall and Deen.