Williams v. Vanmeter
Supreme Court of Missouri
ERROR to Cooper Circuit Court. 1. There was a manifest variance between the warrant produced in evidence and the one set forth and described in the declaration, and the warrant, therefore, ought to have been excluded from the jury. 2. Where a parly introduces evidence of the conversations of his adversary, he makes the whole conversation evidence. — See Carver vs. Tracy, 3 Johns. Rep., 427; Fenner vs. Lewis, 10 Johns. Rep., 38; Credit vs. Brown, 10 Johns.
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ERROR to Cooper Circuit Court. 1. There was a manifest variance between the warrant produced in evidence and the one set forth and described in the declaration, and the warrant, therefore, ought to have been excluded from the jury. 2. Where a parly introduces evidence of the conversations of his adversary, he makes the whole conversation evidence. — See Carver vs. Tracy, 3 Johns. Rep., 427; Fenner vs. Lewis, 10 Johns. Rep., 38; Credit vs. Brown, 10 Johns. Rep.> 365; Wailing vs. Toll, 9 Johns. Rep., 141; 7 Mo. Rep., 34.8. 3. It devolved on the plaintiff to prove both malice and the want of…
1Opinion of the CourtScott, J.
This was an action for a malicious prosecution, instituted by Vanmeter against Williams, in which Vanmeter had a verdict and judgment.
It is deemed' unnecessary to set out the various counts in the declaration, as the point made by the defendant below, (Williams) in relation to the refusal of the court to strike out the second count, was abandoned on the argument of the cause.
On the trial in the court below, the plaintiff offered in evidence a warrant issued by J. N. Laurie, a j ustice of the peace, directed to the constable of Boonville city, reciting, that whereas information, on oath, had…
2Cited by31 opinions
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- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Hughes v. Aetna Ins. Co.Supreme Court of Missouri · 1953
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