Burnett v. Prince
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Daniel E. Bird, Judge. (1) Any illegal restraint of another constitutes false imprisonment. Boeger v. Langenberg, 97 Mo. 390; Mc-Caskey v. G-arnett, 91 Mo. App. 354. But when plaintiff: showed his imprisonment defendant “may justify my showing legal process but he must plead it.” Thompson v. Buchholz, 107 Mo.
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Appeal from Jackson Circuit Court. — Hon. Daniel E. Bird, Judge. (1) Any illegal restraint of another constitutes false imprisonment. Boeger v. Langenberg, 97 Mo. 390; Mc-Caskey v. G-arnett, 91 Mo. App. 354. But when plaintiff: showed his imprisonment defendant “may justify my showing legal process but he must plead it.” Thompson v. Buchholz, 107 Mo. App. 121. The amended answer so far from showing legal process as a defense, alleged facts which show that the process was illegal. This alleged a suit in another court and also a subpoena to appear which was void for the reason that it was…
1Opinion of the Court
WHITE, C.
The suit is for damages for false imprisonment, brought in the Jackson County Circuit Court. On the trial of the cause, March 4, 1914, after all the evidence had been introduced by both the plaintiff and the defendant, the court instructed the jury to return a verdict for the defendant.
On the 14th of November, 1907, the plaintiff herein was arrested on an attachment issued by W. W. Calvin, notary public, on account of his failure to appear on that day and give his deposition in a case pending in the circuit court of Jackson County, Independence Division, wherein B. C. Boyles was the…
2Cases cited12 opinions
- Boeger v. LangenbergSupreme Court of Missouri · 1888
- Bowyer v. KnappWest Virginia Supreme Court · 1879
- Ex Parte MckeeSupreme Court of Missouri · 1853
- Seymour v. FarrellSupreme Court of Missouri · 1872
- Ex parte MallinkrodtSupreme Court of Missouri · 1855
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Zeitinger v. MitchellSupreme Court of Missouri · 1951
- State ex rel. Nichols v. KillorenMissouri Court of Appeals · 1955
- State Ex Rel. Mangam v. District CourtMontana Supreme Court · 1932
- In Re NoellMissouri Court of Appeals · 1927
- Rice v. StateNebraska Supreme Court · 1953
3 more not listed; retrieve them via the Exa API.