Talbott v. Great Western Plaster Co.
Missouri Court of Appeals
Appeal from Clay Circuit Court. — Eon. Francis E. Trimble, Judge. (1) The evidence discloses both malice and lack of probable canse. The plaintiff is entitled to recover his actual damages, even if it be held that he has failed to prove malice and lack of probable cause. 3 Am. and Eng. Ency. of Law (2 Ed.), 245; Fry v. Estes, 52 Mo. App. 1; Talbot v. Gt. West. PI. Co., 86 Mo.
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Appeal from Clay Circuit Court. — Eon. Francis E. Trimble, Judge. (1) The evidence discloses both malice and lack of probable canse. The plaintiff is entitled to recover his actual damages, even if it be held that he has failed to prove malice and lack of probable cause. 3 Am. and Eng. Ency. of Law (2 Ed.), 245; Fry v. Estes, 52 Mo. App. 1; Talbot v. Gt. West. PI. Co., 86 Mo. App. 558; Jerman v. Stewart, 12 Fed. 266; McLaughlin v. Davis, 14 Kan. 168; Connelley v. Woods, 31 Kan. 359; Kirksey v. Jones, 7 Ala. 622; Donnell v. Jones, 13 Ala. 490; Cox v. Robinson, 2 Rob. (La.) 313; Steinhart v.…
1Opinion of the CourtEllison, J.
Plaintiff’s action is founded on a petition for malicious prosecution of a suit by attachment. The judgment in the trial court was for the defendant.
The case was before us on a former appeal and will be found reported in 86 Mo. App. 558. It appears that defendant instituted an action by attachment against plaintiff on the 19th day of July, 1898, before a justice of the peace and that afterwards on the 1st day of September of that year defendant dismissed the attachment and it was accordingly dissolved. It further appears that before the attachment writ was issued defendant filed the proper…
2Cases cited12 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Kirksey v. JonesSupreme Court of Alabama · 1845
- Sharpe v. JohnstonSupreme Court of Missouri · 1875
- Wilcox v. McKenzieSupreme Court of Georgia · 1886
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3Cited by13 opinions
- Beutel v. PaulCourt of Appeals of Texas · 1987
- First State Bank of Pond Creek v. ClarkAppellate Court of Illinois · 1916
- Lee v. DunbarDistrict of Columbia Court of Appeals · 1944
- J.C. Jones & Co. v. DoughtyMissouri Court of Appeals · 1988
- Boyd v. StateSupreme Court of Arkansas · 1959
8 more not listed; retrieve them via the Exa API.