Firer v. Lowery
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.—Hon. Daniel D. Fisher, Judge. (1) Where the plaintiff in a suit for malicious prosecution has been committed by the examining magistrate or indicted by the,grand jury, such indictment or commitment is prima facie evidence of probable cause, and the plaintiff can not recover, unless this proof is overcome by evidence either (a) that said indictment or commitment was procured by false or fraudulent testimony or other improper…
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Appeal from the St. Louis City Circuit Court.—Hon. Daniel D. Fisher, Judge. (1) Where the plaintiff in a suit for malicious prosecution has been committed by the examining magistrate or indicted by the,grand jury, such indictment or commitment is prima facie evidence of probable cause, and the plaintiff can not recover, unless this proof is overcome by evidence either (a) that said indictment or commitment was procured by false or fraudulent testimony or other improper means, or (6) that, notwithstanding the- action of the grand jury or the committing magistrate, the defendant did not,…
1Opinion of the CourtBond, J.
The count in the petition on which this cause was tried alleged, in substance, that defendant, with malice and without probable cause, procured the issuance of a warrant for the arrest of plaintiff by making an affidavit to an information charging him with stealing, on the seventeenth day of August, 1892, a calf belonging to 'defendant, of the value of $40; that plaintiff was thereupon examined under said information, and held to give bond in the sum of eight hundred (800) dollars to answer any charge or indictment which should be found by the grand jury; that on the twenty-fifth day of…
2Cases cited5 opinions
- Sharpe v. JohnstonSupreme Court of Missouri · 1882
- Boeger v. LangenbergSupreme Court of Missouri · 1888
- Vansickle v. BrownSupreme Court of Missouri · 1878
- Peck v. ChouteauSupreme Court of Missouri · 1886
- Staley v. TurnerMissouri Court of Appeals · 1886
3Cited by10 opinions
- Dawes v. StarrettSupreme Court of Missouri · 1935
- Randol v. Kline's, Inc.Supreme Court of Missouri · 1932
- Thienes v. FrancisOregon Supreme Court · 1914
- Lindsey v. CouchSupreme Court of Oklahoma · 1908
- Wilkinson v. McGeeSupreme Court of Missouri · 1915
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