Stubbs v. Mulholland
Supreme Court of Missouri
Appeal from Olay Circuit Court. — Hon. H. J. Broaddus, Judge. (1) The fact that justice Case discharged the plaintiff on the charge of forgery after hearing the evidence proves the want of probable cause for the prosecution.
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Appeal from Olay Circuit Court. — Hon. H. J. Broaddus, Judge. (1) The fact that justice Case discharged the plaintiff on the charge of forgery after hearing the evidence proves the want of probable cause for the prosecution. Brant v. Higgins, 10 Mo. 734; Casperon v. Sproule, 39 Mo. 40; Eugate v. Miller, 109 Mo. 285; Ray v. Goings, 112 111. 65-6. The duty of a justice of the peace under the statute is to commit where there is probable cause to believe the accused guilty and to discharge where there is a want of probable cause. R. S. 1899, sec. 2456. (2) By probable cause is meant a reasonable…
1Opinion of the CourtSherwood, P. J.
— Action for malicious prosecution. The defendant banking company, of which defendant John Mulholland is president, and the other defendants were employees, is a business concern, whose chief, if not exclusive business consists in buying laboring men’s time; that is, .by discounting' their pay checks, etc. The calling seems to have been remunerative, as they employed at a salary A. L. Sherman as a lawyer to attend to their legal business and gave him deskroom in their banking office.
J. H. Stubbs, the plaintiff in this action, testifying in his own behalf, in substance stated that he was…
2Cases cited33 opinions
- United States v. KirbySupreme Court of the United States · 1869
- Carl v. . AyersNew York Court of Appeals · 1873
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Fusz v. SpaunhorstSupreme Court of Missouri · 1878
- Sharpe v. JohnstonSupreme Court of Missouri · 1882
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3Cited by52 opinions
- Hoene v. Associated Dry Goods CorporationSupreme Court of Missouri · 1972
- Haswell v. Liberty Mutual Insurance Co.Supreme Court of Missouri · 1977
- Carp v. Queen InsuranceSupreme Court of Missouri · 1907
- Hanser v. BieberSupreme Court of Missouri · 1917
- City of Joplin v. Joplin Water Works CompanySupreme Court of Missouri · 1965
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