Sparling v. Conway
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. Plaintiff’s evidence tended to prove that on the 9th day of October, 1876, defendant swore out an information against him in the court of criminal correction in St. Louis county, charging him with grand larceny m stealing certain paints; that he was thereon arrested and committed to the jail of that county; that on the 19th day of October •he was tried upon said charge and was acquitted; that defendant had agreed with plaintiff' to…
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Appeal from St. Louis Court of Appeals. Plaintiff’s evidence tended to prove that on the 9th day of October, 1876, defendant swore out an information against him in the court of criminal correction in St. Louis county, charging him with grand larceny m stealing certain paints; that he was thereon arrested and committed to the jail of that county; that on the 19th day of October •he was tried upon said charge and was acquitted; that defendant had agreed with plaintiff' to paint for him the house of one Harney, but being sick could not do so; that the paints were in Harney’s house, and Harney…
1Opinion of the CourtHough, J.
This was an action for malicious prosecu*512tion. The answer was a general denial, and the defense-relied upon at the trial was, that the defendant acted in good faith upon the advice of competent counsel. There was a verdict and judgment for the defendant, which was-affirmed by-the court of appeals.
1. MAtrcrons prosing-gSerai daema1, The plaintiff contends that the defense stated should' have been pleaded in order to be made available by the defendant. We are of a different opinion. The testimony offered and received on this subject, was admissible to disprove the allegation of malice, contained…
2Cases cited2 opinions
- Vansickle v. BrownSupreme Court of Missouri · 1878
- Hickman v. GriffinSupreme Court of Missouri · 1839
3Cited by7 opinions
- Runo v. WilliamsCalifornia Supreme Court · 1912
- Emler v. FoxCourt of Appeals of Kentucky · 1916
- McDonald v. Goddard Grocery Co.Missouri Court of Appeals · 1914
- Schubkegel v. GordinoCalifornia Court of Appeal · 1943
- Pipkin v. HauckeMissouri Court of Appeals · 1884
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