Legal Opinion

Matlick v. Crump

Missouri Court of Appeals

Decided April 9, 1895PublishedCited by 4 opinions

Appeal from the Scotland Circuit Court. — Hon. Benjamin E. Tuenee, Judge. (1) When sued for malicious prosecution, a prosecutor can not step behind a defective affidavit or information, and especially when he has' put the prisoner upon trial before a jury and insisted upon his conviction to the end. Stocldng v. Howard, 73 Mo. 25; Best v. Hoeffner, 39 Mo. App. 682. (2) The instructions given fairly presented the ease to the jury.

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Appeal from the Scotland Circuit Court. — Hon. Benjamin E. Tuenee, Judge. (1) When sued for malicious prosecution, a prosecutor can not step behind a defective affidavit or information, and especially when he has' put the prisoner upon trial before a jury and insisted upon his conviction to the end. Stocldng v. Howard, 73 Mo. 25; Best v. Hoeffner, 39 Mo. App. 682. (2) The instructions given fairly presented the ease to the jury. Fugate v. Millar, 109 Mo. 281; Sharp v. Johnston, 59 Mo. 557; s. o., 76 Mo. 660.

1Opinion of the CourtBiggs, J.

The plaintiff, at the instigation of the defendant, was arrested and prosecuted for a trespass. The affidavit of the defendant and the information filed thereon were to the effect that, on a day stated, the plaintiff committed a willful and malicious trespass *22by opening a gate leading into certain inclosed lands belonging to tbe defendant, and passing over the land with' his team. The plaintiff was -tried before the justice and acquitted of the charge. . He thereupon commenced the present action for malicious prosecution.

The defendant’s answer is a general denial, and, further, that the…

2Cases cited2 opinions

  1. Stocking v. HowardSupreme Court of Missouri · 1880
  2. McGarry v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889

3Cited by4 opinions

  1. Chicago, R. I. & P. Ry. Co. v. HollidaySupreme Court of Oklahoma · 1911
  2. Callahan v. KelsoMissouri Court of Appeals · 1913
  3. Harlan v. JonesIndiana Court of Appeals · 1896
  4. German Literary Society v. BlochMissouri Court of Appeals · 1909

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