McCaskey v. Garrett
Missouri Court of Appeals
Appeal from Holt Circuit Court. — Hon. Gallatin Gmig, Judge. (1) Tbe court erred in overruling tbe demurrer to plaintiff’s petition. Said petition does not contain facts sufficient to constitute a cause of action against defendant. Said petition does not show or allege that defendant caused to be instituted any prosecution against plaintiff before said justice, but simply that “he made and lodged an affidavit” with such justice, and that such justice issued a warrant, etc.
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Appeal from Holt Circuit Court. — Hon. Gallatin Gmig, Judge. (1) Tbe court erred in overruling tbe demurrer to plaintiff’s petition. Said petition does not contain facts sufficient to constitute a cause of action against defendant. Said petition does not show or allege that defendant caused to be instituted any prosecution against plaintiff before said justice, but simply that “he made and lodged an affidavit” with such justice, and that such justice issued a warrant, etc. E. S. 1899, secs. 2749, 2750, 2752; Drew v. Potter, 39 Vt. —. (2) The court erred in admitting in evidence the affidavit,…
1Opinion of the CourtBroaddus, J.
— This is a suit for malicious prosecution. The allegations of the petition are that the defendant for the purpose of injuring the plaintiff in his good name, fame, credit and character, and to bring him into public scandal, infamy and disgrace, and to cause him to be arrested and imprisoned, and thereby to impoverish, oppress and wholly ruin him, on or about the eleventh day of January, 1899, made and caused to be made, and lodged a certain affidavit or information in a justice’s court, before John H. Steel, who was then and there duly elected, qualified and acting justice of the peace,…
2Cases cited1 opinion
- Boeger v. LangenbergSupreme Court of Missouri · 1888
3Cited by11 opinions
- State Ex Rel. McNamee v. StobieSupreme Court of Missouri · 1906
- Wehmeyer v. MulvihillMissouri Court of Appeals · 1910
- Titus v. Montgomery Ward & Co.Missouri Court of Appeals · 1938
- Burton v. DrennanSupreme Court of Missouri · 1933
- Burnett v. PrinceSupreme Court of Missouri · 1917
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