Hales v. Raines
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. Matt. G. Reynolds, Judge. (1) The trial court erred in excluding the counterclaim, because an action lies for malicious prosecution of a civil action. Cooper v. Scyoc, 104 Mo. App. 414; Brady v. Erwin, 48 Mo. 533. (2) The counterclaim states a perfect cause of action for malicious prosecution of the civil action mentioned.
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Appeal from St. Louis City Circuit Court. — How. Matt. G. Reynolds, Judge. (1) The trial court erred in excluding the counterclaim, because an action lies for malicious prosecution of a civil action. Cooper v. Scyoc, 104 Mo. App. 414; Brady v. Erwin, 48 Mo. 533. (2) The counterclaim states a perfect cause of action for malicious prosecution of the civil action mentioned. The fact that part only of the original charges (in the first action) are the basis of the counterclaim is no bar to recovery for malicious prosecution of those charges which were groundless and otherwise actionable. Boogher…
1Opinion of the CourtNorton, J.
This is a suit for damages accrued to plaintiff on account of malpractice by defendant. Plaintiff recovered in the amount of $5,583.33, and from this judgment defendant prosecutes the appeal.
Plaintiff is a machinist by trade, while defendent is a physician and surgeon engaged in practicing his profession in the city of St. Louis. The evidence tends to prove that while working at his trade plaintiff received a slight scratch in the palm of his right hand, which, though it did not impair the usefulness of the hand, nevertheless refused to yield to home treatment. In a short time the injury…
Also in this document: Concurrence.
2Cases cited20 opinions
- Commonwealth v. PierceMassachusetts Supreme Judicial Court · 1884
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Curtis v. McNairSupreme Court of Missouri · 1903
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Schippel v. NortonSupreme Court of Kansas · 1888
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3Cited by21 opinions
- DeLaurentis v. City of New HavenSupreme Court of Connecticut · 1991
- Morrison v. MacNamaraDistrict of Columbia Court of Appeals · 1979
- Annin v. JacksonSupreme Court of Missouri · 1937
- Mitchell v. RobinsonSupreme Court of Missouri · 1960
- Barnhoff v. AldridgeSupreme Court of Missouri · 1931
16 more not listed; retrieve them via the Exa API.