Hill v. Palm
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. The answer, setting out tlie facts, specially denied that the-defendant prosecuted the plaintiff for larceny; alleged that defendant, being the owner of a lot of ground, and the buildings and fences thereon, from which part of the materials had been taken"at plaintiff’s instigation, and used by him on premises he occupied, and worked up by him, did make a complaint to a policeman, but did not name the character of the offence,…
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Appeal from St. Louis Court of Common Pleas. The answer, setting out tlie facts, specially denied that the-defendant prosecuted the plaintiff for larceny; alleged that defendant, being the owner of a lot of ground, and the buildings and fences thereon, from which part of the materials had been taken"at plaintiff’s instigation, and used by him on premises he occupied, and worked up by him, did make a complaint to a policeman, but did not name the character of the offence, alleging that he acted from good motives, and upon probable cause to suspect the defendant, and without malice. It appeared…
1Opinion of the CourtWagneb, Judge
This was an action for malicious prosecution. The petition alleges that the defendant wilfully, maliciously, and without probable cause, caused the respondent to be prosecuted for the offence of larceny, before the recorder of the city of St. Louis. The petition contains two counts: the first is for an arrest and prosecution on the 29th day of March, 1862; the second, for an arrest and prosecution on the 3d day of April, 1862. On the first arrest, respondent was discharged on account of the failure of the appellant to prosecute ; on the second arrest, a prosecution was had, and the *20recorder,…
2Cases cited2 opinions
- Foshay v. FergusonNew York Supreme Court · 1846
- Williams v. VanmeterSupreme Court of Missouri · 1844
3Cited by20 opinions
- Sanders v. Daniel International Corp.Supreme Court of Missouri · 1984
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Carp v. Queen InsuranceSupreme Court of Missouri · 1907
- Vansickle v. BrownSupreme Court of Missouri · 1878
- Sharpe v. JohnstonSupreme Court of Missouri · 1875
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