Mooney v. Kennett
Supreme Court of Missouri
Appeal from, St. Louis Laiv Commissioner’s Court. The petition stated that the defendant assaulted and laid violent hands upon the plaintiff, and “ wrongfully, illegally and unjustly caused him to be arrested by a police officer of the city of St. Louis, under a pretended charge of having violated a city ordinance,” whereby he was compelled to give bail for his appearance or be imprisoned in the calaboose ; and that the defendant, “ wrongfully, injuriously and oppressively,…
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Appeal from, St. Louis Laiv Commissioner’s Court. The petition stated that the defendant assaulted and laid violent hands upon the plaintiff, and “ wrongfully, illegally and unjustly caused him to be arrested by a police officer of the city of St. Louis, under a pretended charge of having violated a city ordinance,” whereby he was compelled to give bail for his appearance or be imprisoned in the calaboose ; and that the defendant, “ wrongfully, injuriously and oppressively, illegally and unjustly caused two separate charges to be made and prosecuted against the plaintiff for alleged…
1Opinion of the CourtScott, Judge
1. It would seem from the petition, that this is a suit for a wrongful arrest' and prosecution and an assault and battery. There are two causes of action joined, or rather mingled together, in violation of the rules of pleading, as determined by this court, in the case of Childs v. The Bank of Mo., 17 Mo. Rep. 213, and of the forms of pleading, as prescribed in the precedents appended to the present practice act. Those precedents show that, while many causes of action may be joined in one petition, yet each is to be set out separately and apart from the others, with its appropriate prayer for…
2Cases cited1 opinion
- Childs v. Bank of MissouriSupreme Court of Missouri · 1852
3Cited by58 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Christal v. CraigSupreme Court of Missouri · 1883
- Brownell v. Pacific RailroadSupreme Court of Missouri · 1871
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
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