Smith v. Burrus
Supreme Court of Missouri
Appeal from the Marion Circuit Court.—Hon. Thos. H. Bacon, Judge. (1) Defendant’s amended answer is insufficient, and the court erred in admitting any evidence in behalf of defendant. It does not contain a defense, besides it conjoins a demurrer with an answer. Plaintiff’s motion to strike out should have been sustained.
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Appeal from the Marion Circuit Court.—Hon. Thos. H. Bacon, Judge. (1) Defendant’s amended answer is insufficient, and the court erred in admitting any evidence in behalf of defendant. It does not contain a defense, besides it conjoins a demurrer with an answer. Plaintiff’s motion to strike out should have been sustained. Long v. Lowe, 41 Mo. 398; Darreth v. Donnelly, 38 Mo. 492; Smith v. Culligan, 74 Mo. 387. (2 ) Instruction, numbered 1, asked by plaintiff, should have been given. Defendant’s answer admits that he voluntarily dismissed the suit for slander against plaintiff Smith. The…
1Opinion of the CourtSherwood, P. J.
Action for malicious prosecution. Burrus brought suit against Smith for slander, alleging that the latter had charged him with stealing horses; but,- after Smith had been thus put to the trouble and expense of employing counsel to defend the suit, Burrus, as he admitted in his answer, voluntarily dismissed the. suit he had brought, and, when on the witness stand, testified: “1 dismissed the suit voluntarily, because I wanted to.” .
It appeared in evidence on the trial that, at the time the charges were made by Smith, Burrus was running for justice of the county court in the eastern district of…
2Cases cited8 opinions
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Commonwealth v. ClapMassachusetts Supreme Judicial Court · 1808
- Bronson v. BruceMichigan Supreme Court · 1886
- Rearick v. WilcoxIllinois Supreme Court · 1876
- Edwards v. George Knapp & Co.Supreme Court of Missouri · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Snively v. Record Publishing Co.California Supreme Court · 1921
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Post Pub. Co. v. HallamCourt of Appeals for the Sixth Circuit · 1893
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Starks v. ComerSupreme Court of Alabama · 1914
29 more not listed; retrieve them via the Exa API.