State Ex Rel. Mann v. Trimble
Supreme Court of Missouri
Certiorari. (1) Instruction No. 10 given for tlie plaintiff is in conflict with Nicholson v. Rogers, 129 Mo. 141; Ruth v. St. Louis Transit Co., 98 Mo. App. 18; Bosch v. Miller, 136 Mo. App. 493. That instruction is a direction to the jury to award both actual and punitive damages and is clearly in conflict with the authorities cited.
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Certiorari. (1) Instruction No. 10 given for tlie plaintiff is in conflict with Nicholson v. Rogers, 129 Mo. 141; Ruth v. St. Louis Transit Co., 98 Mo. App. 18; Bosch v. Miller, 136 Mo. App. 493. That instruction is a direction to the jury to award both actual and punitive damages and is clearly in conflict with the authorities cited. (2) Instruction No. 9 is clearly in .conflict with Smith v. Burrus, 106 Mo. 99. In that case the court said: “And the mere discontinuance of a criminal prosecution, or the acquittal of the accused, will establish for the purpose of this suit neither malice nor…
1Opinion of the CourtElder, J.
Relator seeks by writ of certiorari to review the opinion of the Kansas City Court of Appeals and quash the judgment entered by that court affirming a judgment for $750 actual and $250 punitive damages rendered by the Circuit Court of Dekalb County in an action for damages for malicious prosecution brought by one Albert Cornelius against Moses Mann (relator herein).
The evidentiary facts in the case are thus stated in the opinion of the Court of Appeals:
“Defendant caused an information to be filed in the Circuit Court of Daviess County by the prosecuting attorney of that county, charging…
2Cases cited6 opinions
- Carp v. Queen InsuranceSupreme Court of Missouri · 1907
- Hanser v. BieberSupreme Court of Missouri · 1917
- Vansickle v. BrownSupreme Court of Missouri · 1878
- Smith v. BurrusSupreme Court of Missouri · 1891
- State Ex Rel. American Packing Co. v. ReynoldsSupreme Court of Missouri · 1921
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dawes v. StarrettSupreme Court of Missouri · 1935
- Coffman v. Shell Petroleum Corp.Missouri Court of Appeals · 1934
- Bonzo v. Kroger Grocery & Baking Co.Supreme Court of Missouri · 1939
- Coats v. News CorporationSupreme Court of Missouri · 1946
- State v. HallSupreme Court of Missouri · 1926
4 more not listed; retrieve them via the Exa API.