Legal Opinion

Moody v. Deutsch

Supreme Court of Missouri

Decided October 15, 1884PublishedCited by 21 opinions

Error to Johnson Circuit Court.—How. N. M. G-ivaw, Judge. (1) The court erred in instructing the jury that upon the evidence plaintiffs could not recover. It is held to be error so to instruct where there is a scintilla of testimony. There was testimony tending to establish a want of probable cause, as well as a bad and malicious motive, in suing out and prosecuting the attachment. Alexander v. Harrison, 38 Mo. 266 ; Poutsong v. Pi.

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Error to Johnson Circuit Court.—How. N. M. G-ivaw, Judge. (1) The court erred in instructing the jury that upon the evidence plaintiffs could not recover. It is held to be error so to instruct where there is a scintilla of testimony. There was testimony tending to establish a want of probable cause, as well as a bad and malicious motive, in suing out and prosecuting the attachment. Alexander v. Harrison, 38 Mo. 266 ; Poutsong v. Pi. P., 45 Mo. 236; Hays ®. Bell, 16 Mo. 496; Emerson v. Sturgeon, 18 Mo. 170; Pippey v. Freide, 26 Mo. 523; Bowen v. Lazerle, 44 Mo. 383; McFarland v. Bellows, 49…

1Opinion of the Court

Ewing-, C.

This is a suit for' damages against the defendants for malicious attachment of the property of the plaintiff, Nancy I. Moody. The petition alleges that the defendant, Deutsch, unlawfully and maliciously caused a writ of attachment to be issued and levied upon said Nancy Moody’s property, which, upon appeal to this court, was dismissed; that by reason of the attachment plaintiff is damaged, etc.

The answer of Loebenstein was a general denial. That of Deutsch was as follows : “Now comes the defendant, Louis Deutsch, and for plea to the jurisdiction and to the merits, by way of answer,…

2Cases cited16 opinions

  1. Rogers v. GosnellSupreme Court of Missouri · 1873
  2. Sharpe v. JohnstonSupreme Court of Missouri · 1882
  3. Foshay v. FergusonNew York Supreme Court · 1846
  4. Sharpe v. JohnstonSupreme Court of Missouri · 1875
  5. Rippstein v. St. Louis Mutual Life InsuranceSupreme Court of Missouri · 1874

11 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Stubbs v. MulhollandSupreme Court of Missouri · 1902
  2. Cohn v. LehmanSupreme Court of Missouri · 1887
  3. Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
  4. Italian Star Line, Inc. v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1931
  5. Fenton v. ThompsonSupreme Court of Missouri · 1943

16 more not listed; retrieve them via the Exa API.

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