Legal Opinion

Webb v. Byrd

Missouri Court of Appeals

Decided March 2, 1920PublishedCited by 10 opinions

Appeal from the Circuit Court of Cape Girardeau County. — Hon. Frank Kelly, Judge. (1) The demurrer to the evidence should have been sustained. Tiede v. Fuhr, 264 Mo. 622, 633; Berger v, Langenberg, 9*7 Mo. 390, 395; McCaskey v. Garrett, 91 Mo. App. 354, 359. (2) The court erred in modifying defendant’s instruction No. 1 by striking out the following therefrom “that the charge in the affidavit was false.”

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Appeal from the Circuit Court of Cape Girardeau County. — Hon. Frank Kelly, Judge. (1) The demurrer to the evidence should have been sustained. Tiede v. Fuhr, 264 Mo. 622, 633; Berger v, Langenberg, 9*7 Mo. 390, 395; McCaskey v. Garrett, 91 Mo. App. 354, 359. (2) The court erred in modifying defendant’s instruction No. 1 by striking out the following therefrom “that the charge in the affidavit was false.” Hill v. Palm, 38 Mo. 13, 23; Vansickle v. Brown, 68 Mo. 627, 636. (3) The court erred in refusing defendant’s instruction No. 6. Sparling v. Conway, 75 Mo. 510, 512; Sharp v. Johnson, 76 Mo.…

1Opinion of the CourtAllen, J.

This is an action for malicious prosecution ; the prayer of the petition being for a recovery of $5000 as actual damages alleged to have been sustained by plaintiff. The trial, before the court and a jury, resulted in a verdict and judgment for plaintiff in the sum of $1350, from which the defendant appeals.

On October 13, 1915, plaintiff and defendant were both residents of Jackson, Cape Girardeau County, Missouri. On that day a “special cheap sale” was in progress at a certain dry goods store in Jackson at which both of the parties to the record were present for the purpose of making…

2Cases cited3 opinions

  1. Stubbs v. MulhollandSupreme Court of Missouri · 1902
  2. Callahan v. KelsoMissouri Court of Appeals · 1913
  3. March v. VandiverMissouri Court of Appeals · 1914

3Cited by10 opinions

  1. Haswell v. Liberty Mutual Insurance Co.Supreme Court of Missouri · 1977
  2. Dawes v. StarrettSupreme Court of Missouri · 1935
  3. Hupp v. North Hills Lincoln-Mercury, Inc.Missouri Court of Appeals · 1980
  4. Kirkpatrick v. American Creosoting Co.Missouri Court of Appeals · 1931
  5. Lehmer v. SmithMissouri Court of Appeals · 1926

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