Witascheck v. Glass
Missouri Court of Appeals
Appeal from, the Jackson Circuit Court. — Hon. J. H. Sloven, Judge. (1) The undisputed facts are, first, that the attachment was against Charles Witascheck, and was levied on the property of Albert Witascheck, and, second, that the suit was prosecuted for two months, and then decided in favor of plaintiff in this case. These amount to a demonstration that the attachment was wrongfully levied, and the suit was maliciously, oppressively prosecuted.
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Appeal from, the Jackson Circuit Court. — Hon. J. H. Sloven, Judge. (1) The undisputed facts are, first, that the attachment was against Charles Witascheck, and was levied on the property of Albert Witascheck, and, second, that the suit was prosecuted for two months, and then decided in favor of plaintiff in this case. These amount to a demonstration that the attachment was wrongfully levied, and the suit was maliciously, oppressively prosecuted. This proposition, with the result of the suit, needs neither authority .nor argument for its support. If the same is untrue in-logic or reason, then…
1Opinion of the CourtSmith, P. J.
The petition alleged that, “the defendánt maliciously, wrongfully and oppressively instituted a suit against Charles Witascheck * * * by attachment and sued out a writ of attachment therein, maliciously and wrongfully, and by means of said writ of attachment, maliciously, wrongfully and oppressively caused and procured ” the goods of plaintiff to be taken out of and withheld from his possession for about sixty days', by reason whereof the same greatly depreciated in value; and that he necessarily incurred heavy expense, and paid out large sums of money in and about defending said suit, and…
2Cases cited23 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Walker v. OwenSupreme Court of Missouri · 1883
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Goetz v. AmbsSupreme Court of Missouri · 1858
18 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Oglesby v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899
- Adamson v. FogelstromMissouri Court of Appeals · 1927
- State Rel. Stevenson v. American SuretyMissouri Court of Appeals · 1934
- Talbott v. Great Western Plaster Co.Missouri Court of Appeals · 1901
- Fehrenbach Wine & Liquor Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1914
5 more not listed; retrieve them via the Exa API.