Boogher v. Hough
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — I-Ioh. A. M. Thayer, Judge. (1) It is not intended in this case to controvert the general proposition that a conviction in the lower court •is conclusive evidence of the existence of probable cause, even though the conviction be afterwards set aside on appeal.
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Appeal from St. Louis City Circuit Court. — I-Ioh. A. M. Thayer, Judge. (1) It is not intended in this case to controvert the general proposition that a conviction in the lower court •is conclusive evidence of the existence of probable cause, even though the conviction be afterwards set aside on appeal. (2) What we do contend for is that, if it is alleged and proved that the conviction was procured by unfair means, or by fraud, such acts countervail the conclusiveness of the conviction, and entitle the plaintiff to recover. Welch x. Railroad, 19 Reporter, 668; 14 R. I. 609; Burt x. Place, 4…
1Opinion of the CourtRay, C. J.
Plaintiff brings this action against defendants for a malicious prosecution. It appears that plaintiff had been formerly jointly charged with one Taylor in an information for criminal libel, and that *185upon a trial thereof plaintiff was convicted in the lower court, but that upon appeal the judgment was reversed for error in law, and plaintiff discharged. See 71 Mo. 631.
In the present action, the court gave, at the close of the evidence for plaintiff, the instruction non-suiting plaintiff, who, failing in his motion to set the same aside, has appealed to this court. The conviction above…
2Cases cited2 opinions
- Burt v. PlaceNew York Supreme Court · 1830
- State v. BoogherSupreme Court of Missouri · 1880
3Cited by19 opinions
- Graham v. Buffalo General Laundries Corp.New York Court of Appeals · 1933
- Hanser v. BieberSupreme Court of Missouri · 1917
- State v. Williams and WannSupreme Court of Missouri · 1929
- Saunders v. BaldwinSupreme Court of Virginia · 1911
- Stainer v. San Luis Valley Land & Mining Co.Court of Appeals for the Eighth Circuit · 1908
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