Sharpe v. Johnston
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. The following are the instructions referred to in tbe opinion: For the plaintiff: 7. The defendants cannot shield themselves under the advice of counsel, unless they show that they communicated to such counsel all the facts bearing upon, the guilt or innocence of the accused, which they knew or by reasonable diligence could have ascertained. 8, Even if the jury should find from the evidence that the defendants, prior to such…
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Appeal from St. Louis Court of Appeals. The following are the instructions referred to in tbe opinion: For the plaintiff: 7. The defendants cannot shield themselves under the advice of counsel, unless they show that they communicated to such counsel all the facts bearing upon, the guilt or innocence of the accused, which they knew or by reasonable diligence could have ascertained. 8, Even if the jury should find from the evidence that the defendants, prior to such prosecutions, communicated to counsel, learned in the law, all the facts, as defined in instruction number seven for the…
1Opinion of the Court
Hough J.
This was an action for malicious prosecution, and is the same case reported in 59 Mo., 557, where the facts are fully stated, and it will be unnecessary to restate them in this opinion. It will be proper to observe, however, that in the trial which took place after the case was remanded by this court, the plaintiff recovered judgment for $1,500 on the first count, $3,000 on the second count and $3,000 on the third count; whereas, in the first trial, the plaintiff recovered judgment for $6,334.42 on the first count, and judgment was rendered for the defendants on the second and third…
2Cases cited5 opinions
- Vansickle v. BrownSupreme Court of Missouri · 1878
- Sharpe v. JohnstonSupreme Court of Missouri · 1875
- Brant v. HigginsSupreme Court of Missouri · 1847
- Casperson v. SprouleSupreme Court of Missouri · 1866
- State v. RaileySupreme Court of Missouri · 1864
3Cited by43 opinions
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Hryciuk v. RobinsonOregon Supreme Court · 1958
- Peck v. ChouteauSupreme Court of Missouri · 1886
- Dawes v. StarrettSupreme Court of Missouri · 1935
- Grorud v. LosslMontana Supreme Court · 1913
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