Wilkerson v. McGhee
Missouri Court of Appeals
Appeal from Gape Girardeau Court of Common Pleas. —Hon. Robert G. Ranney, Judge. (1) To pnt the criminal law in force, maliciously and without any reasonable or probable cause, is wrongful, and if thereby another is injured in property or person, there is that conjunction of injury and loss, which is the foundation of an action.
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Appeal from Gape Girardeau Court of Common Pleas. —Hon. Robert G. Ranney, Judge. (1) To pnt the criminal law in force, maliciously and without any reasonable or probable cause, is wrongful, and if thereby another is injured in property or person, there is that conjunction of injury and loss, which is the foundation of an action. Pope v. Pollock, 4 L. R. A. 25; Addison on Torts, 65; Cooley on Torts, 189. (2) The necessary allegations for, and gist of every action for malicious prosecution are the presence of malice and want of probable cause. This is so well established as to need no…
1Opinion of the CourtGray, J.
This is an action for malicious prosecution. The court sustained a demurrer to the petition, and the plaintiff appealed.
The cause is in this court ou a transfer from the St. Louis (Vint of Appeals. The defendant insists that the cause be transferred to the St. Louis Court of Appeals, for the reason that this court is without jurisdiction, and the St. Louis Court of Appeals was without authority to transfer the cause here. In answering this contention, it is sufficient to say that the deAn dant appeared generally, in this court, and the question of jurisdic lion was thereby waived.
The petition…
2Cases cited11 opinions
- Sharpe v. JohnstonSupreme Court of Missouri · 1882
- Vansickle v. BrownSupreme Court of Missouri · 1878
- O'Neill v. JohnsonSupreme Court of Minnesota · 1893
- Stainer v. San Luis Valley Land & Mining Co.Court of Appeals for the Eighth Circuit · 1908
- Sutor v. WoodTexas Supreme Court · 1890
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3Cited by6 opinions
- Block v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1926
- Wilkinson v. McGeeSupreme Court of Missouri · 1915
- Harris v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1913
- Wilkerson v. McGheeMissouri Court of Appeals · 1912
- Porter v. Crawford & Co.Missouri Court of Appeals · 1980
1 more not listed; retrieve them via the Exa API.