Pinson v. Campbell
Missouri Court of Appeals
Appeal from Dent Circuit Court. — Eon. L. B. Woodside, Judge. (1) It is a complete defense to an action for malicious prosecution that defendant before commencing the prosecution, presented the matter to the county attorney all the facts, and then in good faith followed his advice, it completely rebuts the allegation of the want of probable cause and of itself shows probable cause. 1 Joyce on Damages, sec. 440. 441; Biglow on Torts, sec. 22; 3 Sutherland on Damages (2 Ed.),…
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Appeal from Dent Circuit Court. — Eon. L. B. Woodside, Judge. (1) It is a complete defense to an action for malicious prosecution that defendant before commencing the prosecution, presented the matter to the county attorney all the facts, and then in good faith followed his advice, it completely rebuts the allegation of the want of probable cause and of itself shows probable cause. 1 Joyce on Damages, sec. 440. 441; Biglow on Torts, sec. 22; 3 Sutherland on Damages (2 Ed.), secs. 124, 708; Cooley on Torts (2 Ed.), sec. 183; Scheppel v. Norton, 38 Kan. 567; Rice v. Saunders, 26 N. C. C. P. 27;…
1Opinion of the CourtBland, P. J.
(after stating tbe facts). — 1. It is contended that Cope was not a competent witness to testify against defendant. Cope’s testimony was in respect to confidential communications made to bim by Campbell, bis client, for which reason Cope was an incompetent witness under tbe statute (sec. 4659, R. S. 1899) and at common la.w. But a client may unseal the lips of bis attorney (Riddles v. Aikin, 29 Mo. 1. c. 454) by testifying himself to tbe confidential communications, or by offering tbe attorney as a witness to prove tbe communications. [23 Am. and Eng. Ency. of Law (2 Ed), p. 82, par. C.] On…
2Cases cited2 opinions
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