Eckerle v. Higgins
Missouri Court of Appeals
Appeal from Phelps Circuit Court. — Hon. L. B. Woodside, Judge. (1) To maintain an action for malicious prosecution the plaintiff must show among other things, the following: 1st, the institution of the proceedings; 2d, without probable cause; and 3d, with malice. In this case the plaintiff failed to show the instituting of the criminal proceedings by defendant.
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Appeal from Phelps Circuit Court. — Hon. L. B. Woodside, Judge. (1) To maintain an action for malicious prosecution the plaintiff must show among other things, the following: 1st, the institution of the proceedings; 2d, without probable cause; and 3d, with malice. In this case the plaintiff failed to show the instituting of the criminal proceedings by defendant. The mere making of a complaint before the justice is not such an instituting of the proceedings as will support the act of malicious prosecution. 19 Am. and Eng. Ency. of Law (2 Ed.), 653; 1 Cooley (3 Ed.), 342; Cooper v. Armour, 42…
1Opinion of the CourtGray, J.
Action for malicious prosecution-In September, 1910, the appellant was deputy game commissioner, and resided at Salem. On Sunday, the 25th day of September, 1910, the plaintiff resided *181at Rolla, and the evidence tended to show that he, in company with two other citizens, was ont hunting that day; that they killed several squirrels, and came back to Rolla about dark, and plaintiff carried a hunting coat rolled up under his arm. It was generally talked through the town that the plaintiff had killed a wild turkey that day. On Tuesday, the 27th day of September, Prof. Scott, a teacher in the…
2Cases cited13 opinions
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Langford v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- Boeger v. LangenbergSupreme Court of Missouri · 1888
- Smith v. ClarkUtah Supreme Court · 1910
- Williams v. VanmeterSupreme Court of Missouri · 1844
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3Cited by5 opinions
- Hanser v. BieberSupreme Court of Missouri · 1917
- Sims v. JaySupreme Court of Oklahoma · 1916
- Standley v. Western Auto Supply CompanyMissouri Court of Appeals · 1959
- Callahan v. KelsoMissouri Court of Appeals · 1913
- Bowers v. WalkerMissouri Court of Appeals · 1915