Moody v. Deutsch
Supreme Court of Missouri
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
- Rogers v. GosnellSupreme Court of Missouri · 1873
- Sharpe v. JohnstonSupreme Court of Missouri · 1882
- Foshay v. FergusonNew York Supreme Court · 1846
- Sharpe v. JohnstonSupreme Court of Missouri · 1875
- Rippstein v. St. Louis Mutual Life InsuranceSupreme Court of Missouri · 1874
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