Boogher v. Bryant
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) This action, based on the second and fourth, counts of the information, is maintainable, notwithstanding the conviction and subsequent acquittal on the first, third and fifth counts. 2 Grreenl. Ev., sec. 449 ; Reed r. Taylor, 4 Taunt. 616; E This v. Abrahams, 10 Jurist, 593; Sharper.
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Appeal from St. Louis Court of Appeals. (1) This action, based on the second and fourth, counts of the information, is maintainable, notwithstanding the conviction and subsequent acquittal on the first, third and fifth counts. 2 Grreenl. Ev., sec. 449 ; Reed r. Taylor, 4 Taunt. 616; E This v. Abrahams, 10 Jurist, 593; Sharper. Johnston, 76 Mo. 660. (2) The plaintiff’s legal right of recovery being established, it was not necessary for him to prove special damages ; the whole recovery might be exemplary damages. Callahan ®. Caffarata, 39 Mo. 136; Buclcley r. Knapp, 48 Mo. 152; Kill v. Palm, 38…
1Opinion of the CourtRay, J.
— This is an action for malicious prosecution, based upon two counts in an information for criminal libel, upon which the present plaintiff was prosecuted in. the St. Louis court of criminal correction. There were-five counts in the information, each charging a distinct libel published at different times, as to three of which the plaintiff herein was, upon the first -trial, convicted, though, upon a reversal of the judgment, and a new *44trial, the plaintiff herein was finally acquitted. As to the other two counts, being the second and fourth in the information, and those on which the present…
2Cases cited5 opinions
- Vansickle v. BrownSupreme Court of Missouri · 1878
- Sharpe v. JohnstonSupreme Court of Missouri · 1875
- Price v. WhitelySupreme Court of Missouri · 1872
- Callahan ex rel. Callahan v. CaffarataSupreme Court of Missouri · 1866
- Boogher v. KnappSupreme Court of Missouri · 1882
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- Singleton v. PerryCalifornia Supreme Court · 1955
- Stolinski v. PennypackerDistrict Court, D. New Jersey · 2011
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