Moore v. Sauborin
Supreme Court of Missouri
Error to Sixth District Court. Defendant in this action had originally instituted proceedings against plaintiff before David Bruner, justice of Montgomery county, upon an affidavit charging him with having stolen a certain neck-yoke and mule-stock. The material facts generally appear in the opinion of the court.
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Error to Sixth District Court. Defendant in this action had originally instituted proceedings against plaintiff before David Bruner, justice of Montgomery county, upon an affidavit charging him with having stolen a certain neck-yoke and mule-stock. The material facts generally appear in the opinion of the court. On the trial of the present cause the following instructions were given by the court at the instance of plaintiff, to which the defendant excepted: 1. If the jury believe from the evidence that the defendant made an affidavit before David Bruner, a justice of the peace, and caused the…
1Opinion of the CourtEagg, Judge
This was an action for malicious prosecution instituted in the Montgomery Circuit Court. The plaintiff obtained a judgment, which, upon an appeal taken to the Sixth District Court, was affirmed, and the case is now brought here by writ of error.
The points raised by the plaintiff in error refer to the exclusion of testimony offered on the part of the defendant below, the giving and refusing of instructions, and the failure of the plaintiff to reply to the new matter set up in the answer.
This court has frequently held that, when the instructions taken as a whole present the law of the ease…
2Cases cited1 opinion
- Halsa v. HalsaSupreme Court of Missouri · 1843
3Cited by9 opinions
- Lytton v. BairdIndiana Supreme Court · 1884
- Wilkinson v. McGeeSupreme Court of Missouri · 1915
- Henschen v. O'BannonSupreme Court of Missouri · 1874
- Morse v. RathburnSupreme Court of Missouri · 1871
- Porter v. HarrisonSupreme Court of Missouri · 1873
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