Legal Opinion

Eckerle v. Higgins

Missouri Court of Appeals

Decided November 6, 1911PublishedCited by 5 opinions

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.

Read the full summary

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

  1. Stubbs v. MulhollandSupreme Court of Missouri · 1902
  2. Langford v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
  3. Boeger v. LangenbergSupreme Court of Missouri · 1888
  4. Smith v. ClarkUtah Supreme Court · 1910
  5. Williams v. VanmeterSupreme Court of Missouri · 1844

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

3Cited by5 opinions

  1. Hanser v. BieberSupreme Court of Missouri · 1917
  2. Sims v. JaySupreme Court of Oklahoma · 1916
  3. Standley v. Western Auto Supply CompanyMissouri Court of Appeals · 1959
  4. Callahan v. KelsoMissouri Court of Appeals · 1913
  5. Bowers v. WalkerMissouri Court of Appeals · 1915

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API