Christian v. Hanna
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The burden is upon the plaintiff; to show affirmatively that the prosecution of which he complains was instituted willfully, falsely and maliciously, and without probable cause. Sappington v. Watson, 50 Mo. 83; Sharpe v. Johnston, 59- Mo. 557;« White v. Shradsld, 39 Mo. App. 635. (2) The want of probable cause is the essential ground- of the action. Other things may be inferred from this.
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Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The burden is upon the plaintiff; to show affirmatively that the prosecution of which he complains was instituted willfully, falsely and maliciously, and without probable cause. Sappington v. Watson, 50 Mo. 83; Sharpe v. Johnston, 59- Mo. 557;« White v. Shradsld, 39 Mo. App. 635. (2) The want of probable cause is the essential ground- of the action. Other things may be inferred from this. But this cau not be inferred from anything else. It must be established by positive and express proof. Stone v. Crocker, 24 Pick. 81,…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages for an alleged malicious prosecution. There was a trial in the circuit court, which resulted in judgment for plaintiff for $500, and from which defendant has appealed. The defendant, by his motion for a new trial in that court, urged, as grounds therefor, that, under the pleadings and evidence, the verdict should, have been for the defendant; which said grounds of objection defendant has renewed here. We are, therefore, obliged to examine the evidence in the record before us, in order to intelligibly rule upon the defendant’s objection; but, before doing…
2Cases cited11 opinions
- Sharpe v. JohnstonSupreme Court of Missouri · 1882
- Vansickle v. BrownSupreme Court of Missouri · 1878
- Sharpe v. JohnstonSupreme Court of Missouri · 1875
- Williams v. VanmeterSupreme Court of Missouri · 1844
- Brant v. HigginsSupreme Court of Missouri · 1847
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3Cited by10 opinions
- Sanders v. Daniel International Corp.Supreme Court of Missouri · 1984
- Hanser v. BieberSupreme Court of Missouri · 1917
- Kvasnicka v. Montgomery Ward & Co.Supreme Court of Missouri · 1942
- Callahan v. KelsoMissouri Court of Appeals · 1913
- Eckerle v. HigginsMissouri Court of Appeals · 1911
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