Tiede v. Fuhr
Supreme Court of Missouri
Appeal from Greene Circuit Court. — How. James T. Neville, Judge. (1) False imprisonment is a mixed question oi law and fact.
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Appeal from Greene Circuit Court. — How. James T. Neville, Judge. (1) False imprisonment is a mixed question oi law and fact. Whether there has, in fact, been an imprisonment is a question of fact for the jury to determine. 5 Ency. of Ev., p. 733. (2) In order to establish the offense of false imprisonment it is only necessary on behalf of the plaintiff to show the imprisonment. 5 Ency. of Ev., p. 733. And however honestly the mistake has been made in causing- the arrest to be made, the procurer thereof is nevertheless liable. Bishop on Non-Contract Law, sec. 213. (3) The law presumes every…
1Opinion of the CourtBlair, J.
Plaintiff appeals from an order overruling her motion to set aside a nonsuit taken when the trial court sustained a demurrer to the evidence. The petition is in two counts, one for false imprisonment and one for malicious prosecution. Each count prays $20,000 as damages.
Plaintiff and defendant Fuhr are sister and brother, and in 1910 were involved in litigation in which defendant Sullivan was acting as Fuhr’s counsel and appellant’s present counsel represented her.
On March 31, 1910, depositions for plaintiff'were •being taken before H. A. Garbee, at Billings, in a case then pending in…
2Cases cited8 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Bowyer v. KnappWest Virginia Supreme Court · 1879
- Burnap v. MarshIllinois Supreme Court · 1852
- Cooper v. JohnsonSupreme Court of Missouri · 1884
- Shull v. BoydSupreme Court of Missouri · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- Daniel v. Phillips Petroleum Co.Missouri Court of Appeals · 1934
- Gust v. Montgomery Ward & Co.Missouri Court of Appeals · 1939
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