Alexander v. Harrison
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. The facts are stated in the opinion. The defendants asked the court to instruct the jury as follows, which the court refused, and defendants excepted: 1. In order to enable the plaintiff-to recover on the second count in the petition for a malicious prosecution, the burden of proof is on the plaintiff, to show by evidence satisfactory to the jury, that the defendant was directly connected with the execution of the writs of attachment, by…
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Appeal from, St. Louis Circuit Court. The facts are stated in the opinion. The defendants asked the court to instruct the jury as follows, which the court refused, and defendants excepted: 1. In order to enable the plaintiff-to recover on the second count in the petition for a malicious prosecution, the burden of proof is on the plaintiff, to show by evidence satisfactory to the jury, that the defendant was directly connected with the execution of the writs of attachment, by delivering the writ to the sheriff, or by participating in his proceedings for the levy, or by directing him to make…
1Opinion of the CourtHolmes, Judge
The petition contained two counts. The first count was founded upon a wrongful suing out of an attachment merely. The second was based upon the ground that the attachment suit was malicious and without probable cause. The plaintiff recovered nine hundred and fifty dollars damages on the first count, and two thousand dollars on the second. No question is raised here under the first count, and the consideration of the case will be confined to the second count.
The defendants insist that the court below erred in instructing the jury on the question of malice and want of probable cause, and in…
2Cases cited3 opinions
- Kirksey v. JonesSupreme Court of Alabama · 1845
- State ex rel. Roe v. ThomasSupreme Court of Missouri · 1854
- Twiss v. BaldwinSupreme Court of Connecticut · 1832
3Cited by8 opinions
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
- Ripley v. Bank of SkidmoreSupreme Court of Missouri · 1947
- Moody v. DeutschSupreme Court of Missouri · 1884
- Fry v. EstesMissouri Court of Appeals · 1892
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