Hales v. Raines
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Matt. G-. Reynolds, Judge. (1) Tbe trial court erred in excluding the counterclaim, because an action lies for malicious prosecution of a civil action. Cooper v. Scyoc, 104 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Matt. G-. Reynolds, Judge. (1) Tbe trial court erred in excluding the counterclaim, because an action lies for malicious prosecution of a civil action. Cooper v. Scyoc, 104 Mo. App. 414; Brady v. Erwin, 48 Mo. 533; Boogher v. Life Assn., 75 Mo. 319. (2) The instruction excluding the counterclaim was erroneous under the decisions holding that where the court, at close of plaintiff’s case (or State’s case in a criminal prosecution), declares the law to be that plaintiff cannot recover, and thereupon plaintiff dismisses or takes a nonsuit, a…
1Opinion of the CourtGray, J.
This is an action commenced in the circuit court of the city of St. Louis, wherein plaintiff claims that he employed defendant to treat him for eczema, and was injured by the alleged negligence of the defendant in applying X-rays to his hand. Defendant interposed several defenses, and on the trial, there was a verdict for plaintiff for $5583.33, from which defendant has appealed.
The suit had been previously brought for the same cause of action, and upon a jury trial, the court held, *236at the conclusion of the evidence, that plaintiff was not entitled to recover, and the plaintiff took a…
2Cases cited13 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Lane v. BoicourtIndiana Supreme Court · 1891
- Badgley v. City of St. LouisSupreme Court of Missouri · 1899
- Lange v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1907
- Haggerty v. St. Louis, Keokuk & Northwestern RailroadMissouri Court of Appeals · 1903
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3Cited by6 opinions
- Williams v. ChamberlainSupreme Court of Missouri · 1958
- Turner v. StokerCourt of Appeals of Texas · 1926
- Acton v. MorrisonArizona Supreme Court · 1945
- Butler v. RuleArizona Supreme Court · 1926
- Reed v. LaughlinSupreme Court of Missouri · 1933
1 more not listed; retrieve them via the Exa API.