Legal Opinion

Coleman v. Treece

Missouri Court of Appeals

Decided July 7, 1910PublishedCited by 1 opinion

Appeal from Pemiscot Circuit Court. — Eon. Eenry C. Riley, Judge. (1) Plaintiff’s petition does not state facts sufficient to constitute any cause of action, and is not sufficient to support the judgment. 26 Cyc. 10, 74; Witascheck v. Glass, 46 Mo. App. 212; Moody v. Deutscli, 85 Mo. 237; Kelly v. Osborn, 86 Mo. App. 239; 13 Ency. PI. and Pr. 427; 3 Am. and Eng. Ann Cas., 720; 19 Am. and Eng. Ency. Law (2 Ed.), 655; Freymark v. Bread Co., 55 Mo.

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Appeal from Pemiscot Circuit Court. — Eon. Eenry C. Riley, Judge. (1) Plaintiff’s petition does not state facts sufficient to constitute any cause of action, and is not sufficient to support the judgment. 26 Cyc. 10, 74; Witascheck v. Glass, 46 Mo. App. 212; Moody v. Deutscli, 85 Mo. 237; Kelly v. Osborn, 86 Mo. App. 239; 13 Ency. PI. and Pr. 427; 3 Am. and Eng. Ann Cas., 720; 19 Am. and Eng. Ency. Law (2 Ed.), 655; Freymark v. Bread Co., 55 Mo. App. 437. (2) “If any officer, agent, clerk, servant or collector of any incorporated company shall embezzle or convert to his own use, or shall…

1Opinion of the CourtGray, J.

This proceeding was commenced by the respondent against the appellants in the circuit court of Pemiscot county, on the second day of October, 1908, upon a petition charging the defendants with malicious prosecution. The petition states that on the 7th day of October, 1907, the defendant, Charles M. Treece, at the suggestion and request of -the other defendants, and without reasonable or probable cause, charged the plaintiff before a justice of the peace with the crime of embezzlement; “that defendants did maliciously and without proper cause aforesaid procure said justice to issue a warrant…

2Cases cited4 opinions

  1. Haseltine v. SmithSupreme Court of Missouri · 1900
  2. State v. MillerSupreme Court of Missouri · 1878
  3. Ely-Walker Dry Goods Co. v. McLaughlin, Dyer & Co.Missouri Court of Appeals · 1901
  4. Nagel v. St. Louis Transit Co.Missouri Court of Appeals · 1904

3Cited by1 opinion

  1. Monske v. KleeIdaho Supreme Court · 1923

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