Hanser v. Bieber
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Éhodes E. Cave, Judge. The court erred in giving the instruction in the nature of a demurrer to appellant’s (plaintiff’s) evidence on his first cause of action, to-wit, that in false imprisonment.
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Appeal from St. Louis City Circuit Court. — Hon. Éhodes E. Cave, Judge. The court erred in giving the instruction in the nature of a demurrer to appellant’s (plaintiff’s) evidence on his first cause of action, to-wit, that in false imprisonment. (1) In passing on a peremptory instruction in the nature of a demurrer to plaintiff’s evidence, the court must consider the evidence introduced by plaintiff as true, and make every finding and deduction in his favor which the jury would have been warranted in making. Meenach v. Crawford, 187 S. W. 882; Williams v. Railroad, 257 Mo. 112, 52 L. R. A.…
1DissentBond, J.
(dissenting). — I. I herewith file, with some additions following the same, my opinion in Division as the ground of my dissent from the learned majority opinion of the Court in Banc in this case.
Statement.
Action in two counts, the first alleging false imprisonment and the second malicious prosecution, ^ .¿he close of plaintiff’s case the court sustained demurrers to the evidence on both counts and plaintiff took an involuntary nonsuit, which the court refused to set aside, whereupon he appealed to this court.
The suit grew out of the following facts:
On June 20, 1913, plaintiff, an employee of…
2Cases cited34 opinions
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Hartshorn v. SmithSupreme Court of Georgia · 1898
- Holliday v. HollidayCalifornia Supreme Court · 1898
- Sharpe v. JohnstonSupreme Court of Missouri · 1882
- State v. GrantSupreme Court of Missouri · 1882
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