Vansickle v. Brown
Supreme Court of Missouri
Appeal from Knox Circuit Court. 1. Plaintiffs’ eighth instruction ought to have been given. Hickman v. Griffin, 6 Mo. 37. 2. Defendant’s first instruction is not the law.
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Appeal from Knox Circuit Court. 1. Plaintiffs’ eighth instruction ought to have been given. Hickman v. Griffin, 6 Mo. 37. 2. Defendant’s first instruction is not the law. It requires the plaintiff' to prove that the charge was willfully made by the defendant, and also that the charge was false, and in addition to all that, plaintiff must prove that the defendant was instigated by malice toward the plaintiff in making the charge, and in addition to that, that the chai’ge was made without any reasonable or probable cause, and unless all of these facts be proved to exist to the satisfaction of…
1Opinion of the CourtHough, J.
— At the instance of the defendant, the plaintiff, Susan Ann Vansickle, was arrested for obstructing a public highway in a certain road district, in Knox county, of which defendant was overseer. The plaintiff waived an examination before the justice who issued the warrant for her arrest, and voluntarily entered into a recognizance for her appearance before the circuit court, and was afterwards indicted by the grand jury for the offense for which she had been arrested. A nolle, prosequi was subsequently entered by the prosecuting attorney, and thereupon the plaintiff instituted the present…
2Cases cited10 opinions
- Barron v. MasonSupreme Court of Vermont · 1858
- Sharpe v. JohnstonSupreme Court of Missouri · 1875
- Snow v. PaineMassachusetts Supreme Judicial Court · 1874
- Spengler v. DavySupreme Court of Virginia · 1859
- Hill v. PalmSupreme Court of Missouri · 1866
5 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Sharpe v. JohnstonSupreme Court of Missouri · 1882
- Hryciuk v. RobinsonOregon Supreme Court · 1958
- Peck v. ChouteauSupreme Court of Missouri · 1886
- State v. BanksSupreme Court of Missouri · 1881
35 more not listed; retrieve them via the Exa API.