Ahern v. Collins
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. The petition alleges that on the 27th day of September, 1864, the defendant unlawfully, maliciously and without probable cause, and with the intent to injure and oppress plaintiff, did cause and procure plaintiff to be arrested at his residence in the city of St. Louis, and thence to be forcibly conveyed through the public streets of the city of St. Louis a long distance to a police station, and there unlawfully, maliciously and…
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Appeal from St. Louis Court of Common Pleas. The petition alleges that on the 27th day of September, 1864, the defendant unlawfully, maliciously and without probable cause, and with the intent to injure and oppress plaintiff, did cause and procure plaintiff to be arrested at his residence in the city of St. Louis, and thence to be forcibly conveyed through the public streets of the city of St. Louis a long distance to a police station, and there unlawfully, maliciously and without probable cause did cause plaintiff to be detained a long time, when plaintiff was fully discharged without trial…
1Opinion of the CourtEagg, Judge
In order that the view taken of this case may be clearly understood, it will be necessary first to notice the petition. It has been argued here upon the theory that it was drawn with the intention of setting out a cause of action altogether similar to what under the common law system of practice would have been called an action for malicious arrest or malicious prosecution. The same idea seems to have been entertained in the trial of the cause in the court below. After averring the fact that the defendant wrongfully and maliciously procured plaintiff to be arrested by the police officers in…
2Cited by13 opinions
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- Pandjiris v. HartmanSupreme Court of Missouri · 1906
- Wehmeyer v. MulvihillMissouri Court of Appeals · 1910
- Jenkins v. ThompsonSupreme Court of Missouri · 1952
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