Hanser v. Bieber
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Éhodes E. Cave, Judge. The court erred in giving the instruction in the nature of a demurrer to appellant’s (plaintiff’s) evidence on his first cause of action, to-wit, that in false imprisonment.
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Appeal from St. Louis City Circuit Court. — Hon. Éhodes E. Cave, Judge. The court erred in giving the instruction in the nature of a demurrer to appellant’s (plaintiff’s) evidence on his first cause of action, to-wit, that in false imprisonment. (1) In passing on a peremptory instruction in the nature of a demurrer to plaintiff’s evidence, the court must consider the evidence introduced by plaintiff as true, and make every finding and deduction in his favor which the jury would have been warranted in making. Meenach v. Crawford, 187 S. W. 882; Williams v. Railroad, 257 Mo. 112, 52 L. R. A.…
1Opinion of the CourtWalker, J.
This suit was instituted in the circuit court of the city of St. Louis. The petition is in two counts, one alleging false imprisonment, the other malicious prosecution. The court sustained a demurrer to both counts at the close of plaintiff’s testimony. From the court’s refusal to set aside the nonsuit necessitated by its ruling on the demurrer, the plaintiff appeals.
Plaintiff, then an employee of a glass company, went on July 20, 1913, under the direction of his employer, to make certain measurements of windows in the Century Building in the city of St. Louis to enable his employer to bid…
2Cases cited40 opinions
- City of St. Louis v. WeitzelSupreme Court of Missouri · 1895
- Hartshorn v. SmithSupreme Court of Georgia · 1898
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Ex parte HollwedellSupreme Court of Missouri · 1881
- Boeger v. LangenbergSupreme Court of Missouri · 1888
35 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- State v. LockSupreme Court of Missouri · 1924
- Frank v. Wabash Railroad CompanySupreme Court of Missouri · 1956
- Tannehill v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1919
- State v. CantrellSupreme Court of Missouri · 1958
- Wehrman v. Liberty Petroleum CompanyMissouri Court of Appeals · 1964
36 more not listed; retrieve them via the Exa API.