Staley v. Turner
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Amos M.. Thayer, Judge. “In order to charge-an attorney upon this ground, it must not only appear that there was an agreement to bring an action which was, in fact, groundless, but that it was agreed to bring-an action understood by both parties to be groundless, and brought as such.” Bielcnell v. Dorion, 16 Pick.
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Appeal from the St. Louis Circuit Court, Amos M.. Thayer, Judge. “In order to charge-an attorney upon this ground, it must not only appear that there was an agreement to bring an action which was, in fact, groundless, but that it was agreed to bring-an action understood by both parties to be groundless, and brought as such.” Bielcnell v. Dorion, 16 Pick. (Mass.) 490. There must be an absence of any just demand, of which fact the defendants have knowledge, and it must be shown that they, applying the law for some-purpose of their own, and not for the purposes of their client, committed the…
1Opinion of the CourtThompson, J.
This was an action for damages for the malicious prosecution of a criminal action. The plaintiff had a verdict and judgment, in the sum of one thousand dollars, and the defendant appeals. The case has been presented on the part of the appellant by able counsel, in *246three separate written arguments. These argument» direct our attention to the following objections :
I. That there was a total failure to prove the case stated in the petition. The petition recited in substance that the defendant caused a certain Lillie Wallace, alias Lillie O’Donnell, to charge, before the prosecuting attorney of…
2Cases cited5 opinions
- Sharpe v. JohnstonSupreme Court of Missouri · 1882
- Vansickle v. BrownSupreme Court of Missouri · 1878
- Stansbury v. FogleCourt of Appeals of Maryland · 1873
- Gilbert v. EmmonsIllinois Supreme Court · 1866
- Hickman v. GriffinSupreme Court of Missouri · 1839
3Cited by10 opinions
- Sanders v. Daniel International Corp.Supreme Court of Missouri · 1984
- Hoppe v. KlapperichSupreme Court of Minnesota · 1947
- Zahorsky v. Griffin, Dysart, Taylor, Penner & Lay, P.C.Missouri Court of Appeals · 1985
- Firer v. LoweryMissouri Court of Appeals · 1894
- Linn v. MoffittMissouri Court of Appeals · 2002
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