Wilkinson v. McGee
Supreme Court of Missouri
Appeal from Cape Girardeau Court of Common Pleas. —lion. R. G. Ranney, Judge. (1) To put the criminal law in force, maliciously . and without any reasonable or probable cause, is wrongful, and if thereby another is injured in property or person, there is that conjunction of injury and loss which is the foundation of an action.
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Appeal from Cape Girardeau Court of Common Pleas. —lion. R. G. Ranney, Judge. (1) To put the criminal law in force, maliciously . and without any reasonable or probable cause, is wrongful, and if thereby another is injured in property or person, there is that conjunction of injury and loss which is the foundation of an action. Pope v. Pollock, 4 L. E. A. 25; Addison on Torts, p. 65; Cooley on Torts, p. 189. (2) The necessary allegations for and gist of every action for. malicious prosecution are the presence of malice and want of probable cause. "Wehymeyer v. Mulvihill, 130 S. "W. 681;…
1Opinion of the CourtParis, P. J.
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Action for malicious prosecution, brought in the Cape Girardeau Court of Common pleas, wherein a demurrer to the petition was sustained, and plaintiff refusing to further plead, final judgment and this appeal followed.
The case went first to the St. Louis Court of Appeals, but upon the establishment of the Springfield Court of Appeals it was transferred to the latter court, wherein an opinion was written. [153 Mo. App. 343.] Later, the jurisdiction of the Springfield Court of Appeals in such cases being successfully questioned, the case was re-transferred to the St. Louis Court of Appeals,…
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