Kennedy v. Holladay
Missouri Court of Appeals
Appeal from the Madison County Circuit Court, James D. Fox, Judge. The plaintiff’s character was notin issue, not having been attacked. The State v. Thomas, 78 Mo. 343 ; The State v. Cooper, 71 Mo. 436. The evidence of statements of the defendant, tending to show his animus was too uncertain as to time.
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Appeal from the Madison County Circuit Court, James D. Fox, Judge. The plaintiff’s character was notin issue, not having been attacked. The State v. Thomas, 78 Mo. 343 ; The State v. Cooper, 71 Mo. 436. The evidence of statements of the defendant, tending to show his animus was too uncertain as to time. Connei v. Bertelsman, 61 Mo. 118; Ringo v. Richardson, 53 Mo. 385; Johnson v. Quarles, 46 Mo. 423. Evidence by the plaintiff that he was not guilty of the offence of which he was charged was incompetent. Brennan v. Tracy, 2 Mo. App. 540; Rainey v. Vallandingham, 9 Mo.1817 ; Hickman v. Griffin,…
1Opinion of the CourtThompson, J.
This was an action.for the malicious prosecution of an indictment for embezzlement and larceny. The petition charges, in substance, that the defendant falsely and maliciously, and without probable cause, by testimony given before the grand jury, charged the plaintiff with embezzling the sum of $1,127.22, intrusted to him by the defendant, as his agent, whereby an indictment was returned against the plaintiff, charging him with such embezzlement and larceny, the plaintiff arrested thereon, and discharged therefrom at the next term of *508court, by reason of the refusal of the defendant to…
2Cases cited13 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Gregory v. ChambersSupreme Court of Missouri · 1883
- State v. JohnsonSupreme Court of Missouri · 1882
- Clements v. MaloneySupreme Court of Missouri · 1874
- Miller v. BrownSupreme Court of Missouri · 1832
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3Cited by17 opinions
- Davis v. HearstCalifornia Supreme Court · 1911
- Joy Laskar, PH.D. v. Phillip W. HurdCourt of Appeals for the Eleventh Circuit · 2020
- Kennedy v. HolladaySupreme Court of Missouri · 1891
- Clark v. FairleyMissouri Court of Appeals · 1888
- Haymaker & Crookshanks v. Adams & SonMissouri Court of Appeals · 1895
12 more not listed; retrieve them via the Exa API.