Brant v. Higgins
Supreme Court of Missouri
APPEAL to St. diaries Circuit Court. 1. The seventh instruction asked by plaintiff, and given by the Circuit Court, was erroneous.— It confounds the verdict of a jury in a civil case with the refusal of a committing magistrate to hold an accused person to bail, and further directs the jury to infer, not only absence of probable cause, but the existence of corrupt motives in the appellant. 2. The ninth instruction asked for by the plaintiff below, and given by the court, was…
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APPEAL to St. diaries Circuit Court. 1. The seventh instruction asked by plaintiff, and given by the Circuit Court, was erroneous.— It confounds the verdict of a jury in a civil case with the refusal of a committing magistrate to hold an accused person to bail, and further directs the jury to infer, not only absence of probable cause, but the existence of corrupt motives in the appellant. 2. The ninth instruction asked for by the plaintiff below, and given by the court, was erroneous. It could not but mislead the jury, to be told that Brant could have permitted Higgins to go to his child’s…
1Opinion of the CourtNapton, J.
This was an action for a malicious arrest, brought by Amando Higgins against the appellant, Brant. The suit was commenced in 1844, in St. Louis county, but in consequence of the fact that the Judges of the Court of Common Pleas and Circuit Court had been of counsel for the parties, it was removed to St. Charles, and tried there. The plaintiff got a verdict for $4000, and a judgment thereon.
It will be necessary, to an understanding of the points of law" on which this ease turns, to give a somewhat detailed statement of the testimony.
The plaintiff introduced a record of a suit in detinue, from…
2Cases cited2 opinions
- Masten v. DeyoNew York Supreme Court · 1829
- Gorton v. De AngelisNew York Supreme Court · 1831
3Cited by19 opinions
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Sharpe v. JohnstonSupreme Court of Missouri · 1882
- Hanser v. BieberSupreme Court of Missouri · 1917
- Vansickle v. BrownSupreme Court of Missouri · 1878
- Hanchey v. BrunsonSupreme Court of Alabama · 1911
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