Hickman v. Griffin
Supreme Court of Missouri
“To reverse this judgment the appellant will insist upon the following points and authorities. 1. That the court erred in giving the first instruction asked by plaintiff below.
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“To reverse this judgment the appellant will insist upon the following points and authorities. 1. That the court erred in giving the first instruction asked by plaintiff below. The warrant of the justice of the peace, the return of the constable thereon, and the recognizance for the appearance in the Cole Circuit Court to be read without proof of their execution. • _ See M’Oarty v Sherman 3 John Rep. 429, 2 Starkie Evi. , , n, , n • 812. Saunders on PL and hvi. 631, side page. 2. The warrant did not run in the name of the State and was therefore void — md the action should have been trespass…
1Opinion of the Court
■ Opinion of court delivered, by
Napton Judge.
“Griffin sued Hickman for a malicious prosecution before a justice of the peace.' The declaration charged that the defendant (below) appeared before one Gíazebrook, a justice of the peace in Cole county, and charged him (Griffin) with petty larceny; and procured said justice to issue his warrant; that he caused said Griffin, by virtue of said warrant, to be arrested, and recognised for appearance at the Cole Circuit Court. The declaration further avers the continued prosecution ofiplaiatiffby defendant before the grand jury, and the refusal of said…
2Cases cited1 opinion
- Campbell v. HoodSupreme Court of Missouri · 1840
3Cited by14 opinions
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Carp v. Queen InsuranceSupreme Court of Missouri · 1907
- Vansickle v. BrownSupreme Court of Missouri · 1878
- Imhoff v. Chicago & Milwaukee Railway Co.Wisconsin Supreme Court · 1866
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