Webb v. Byrd
Missouri Court of Appeals
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
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Callahan v. KelsoMissouri Court of Appeals · 1913
- March v. VandiverMissouri Court of Appeals · 1914
3Cited by10 opinions
- Haswell v. Liberty Mutual Insurance Co.Supreme Court of Missouri · 1977
- Dawes v. StarrettSupreme Court of Missouri · 1935
- Hupp v. North Hills Lincoln-Mercury, Inc.Missouri Court of Appeals · 1980
- Kirkpatrick v. American Creosoting Co.Missouri Court of Appeals · 1931
- Lehmer v. SmithMissouri Court of Appeals · 1926
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