Lark v. Bande
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. To make the party making the charge to the officer liable,- it is not necessary that he should have requested the arrest. — Secor v. Babcock, 2 Johns. 203; Davis v. Noah, 2 Eng. C. L. 434; Milton v. Elmore, 19 Eng. C. L. 470; Morrey v. Miller, 3 Leigh, 561; Hicham v. Griffin, 6 Mo. 37; Both v. Smith, 41 111. 314; 8 Mo. 340; 48 Mo. 533.
1Opinion of the CourtBakewell, J.
The petition in this case, in substance, alleges that plaintiff, being at a date stated a citizen of good name and fame, the defendant, maliciously contriving to bring him into public scandal and infamy, and to injure him, caused plaintiff to be arrested without a warrant, on a charge of passing counterfeit money, and to be imprisoned for twenty-four hours in a common jail; that defendant had no probable cause for the *187charge, and made it maliciously ; tbat such further proceedings were had that plaintiff was brought before a committing magistrate, and arraigned for the felony; and proof being…
2Cases cited3 opinions
- Brown v. ChadseyNew York Supreme Court · 1863
- Mayberry v. KellySupreme Court of Kansas · 1862
- Huggins v. TolerCourt of Appeals of Kentucky · 1866
3Cited by18 opinions
- Birwood Paper Company v. DamskySupreme Court of Alabama · 1969
- Snider v. WimberlySupreme Court of Missouri · 1948
- Wehrman v. Liberty Petroleum CompanyMissouri Court of Appeals · 1964
- Burnham v. Collateral Loan Co.Massachusetts Supreme Judicial Court · 1901
- Veneman v. JonesIndiana Supreme Court · 1889
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