Legal Opinion

Lalor v. Byrne

Missouri Court of Appeals

Decided December 6, 1892PublishedCited by 5 opinions

.Appeal from the St. Louis City Circuit Court. — Hon. ' Jacob Klein, Judge. (1) The court erred in the admission and exclusion of evidence. Burns v. Railroad, 24 Mo. App. 10; Carpenter v. Wilmot, 24 Mo. App. 589. (2) The court erred in giving instructions asked by the respondent, and also in giving instructions of its own motion.

1Opinion of the CourtBiggs, J.

This is an action for malicious prosecution. It was averred in the petition that on the twenty-second day of October, 1891, the defendant appeared before the deputy clerk of the St. Louis court of criminal correction, and, without any probable cause therefor, but maliciously, intending to injure the plaintiff in his good name, did charge the plaintiff with malicious trespass; that upon the charge thus made he procured the clerk of said court to issue a warrant for plaintiff’s arrest, which was duly served; that thereafter, *580upon a hearing before said court, the plaintiff was acquitted of the…

2Cases cited2 opinions

  1. Sharpe v. JohnstonSupreme Court of Missouri · 1875
  2. McGarry v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889

3Cited by5 opinions

  1. Sanders v. Daniel International Corp.Supreme Court of Missouri · 1984
  2. Kaye v. Pantone, Inc.Court of Chancery of Delaware · 1978
  3. Phoenix Powder Manufacturing Co. v. Wabash RailroadMissouri Court of Appeals · 1903
  4. David Kellerman & Son v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1894
  5. Sanders v. Daniel International Corp.Supreme Court of Missouri · 1984

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