Thompson v. Buchholz
Missouri Court of Appeals
Appeal from Hannibal Court of Common Pleas. — How. David H. Eby, Judge. (1) The petition does not state a cause of action. It does not allege want of reasonable or probable cause and does not show that the arrest was unauthorized.. Taaffe v. Kyne, 9 Mo. App. 15; Larke v. Bards, 4 Mo. App.. 186; Burns v. Erben, 40 N. Y. 463; 11 Mass. 492; 2 Chitty PI. 600. (2) The arrest was made by an officer having power to make it.
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Appeal from Hannibal Court of Common Pleas. — How. David H. Eby, Judge. (1) The petition does not state a cause of action. It does not allege want of reasonable or probable cause and does not show that the arrest was unauthorized.. Taaffe v. Kyne, 9 Mo. App. 15; Larke v. Bards, 4 Mo. App.. 186; Burns v. Erben, 40 N. Y. 463; 11 Mass. 492; 2 Chitty PI. 600. (2) The arrest was made by an officer having power to make it. Such being the case, the only complaint that could be maintained against one who directed or requested the officer thus to use the power given him by the law would be on the…
1Opinion of the CourtBland, P. J.
The suit was to recover damages for false imprisonment. The answer was a general denial. The verdict and judgment were for plaintiff from which defendant-appealed.
The following (taken from respondent’s abstract) is a fair summary of the evidence:
“The defendant is a keeper of a saloon on Broadway in the city of Hannibal, and plaintiff is a single man twenty-two years old, born and reared in Hannibal, and living with his parents two and one-half blocks from defendant’s saloon and worked at á butcher shop across the street from the saloon and well acquainted with defendant. Shortly after twelve…
Also in this document: Concurrence.
2Cases cited9 opinions
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- Boeger v. LangenbergSupreme Court of Missouri · 1888
- Kansas City Suburban Belt Railroad v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1893
- Finch v. Guardian Trust Co.Missouri Court of Appeals · 1901
- Budd v. HoffheimerSupreme Court of Missouri · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- JC Penney Company v. DuranCourt of Appeals of Texas · 1972
- Pandjiris v. HartmanSupreme Court of Missouri · 1906
- Greaves v. Kansas City Junior OrpheumMissouri Court of Appeals · 1935
- A. Harris & Co. v. CaldwellCourt of Appeals of Texas · 1925
- Titus v. Montgomery Ward & Co.Missouri Court of Appeals · 1938
4 more not listed; retrieve them via the Exa API.