Brown v. City of Cape Girardeau
Supreme Court of Missouri
Error to Ocupe Girardeau Court of Common Pleas. — Hon. Robert L. Wilson, Judge. Fraud and damage will give a party relief in any court, either of law or equity. The malicious prosecution of a civil action, without reasonable or probable cause, is a good cause of action against the party prosecuting such suit. Alexander v. Harrison, 38 Mo. 258 ; Brady v. Ervin, 48 Mo. 533. A municipal corporation is liable in damages for injuries to the citizen.
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Error to Ocupe Girardeau Court of Common Pleas. — Hon. Robert L. Wilson, Judge. Fraud and damage will give a party relief in any court, either of law or equity. The malicious prosecution of a civil action, without reasonable or probable cause, is a good cause of action against the party prosecuting such suit. Alexander v. Harrison, 38 Mo. 258 ; Brady v. Ervin, 48 Mo. 533. A municipal corporation is liable in damages for injuries to the citizen. The nature of the injuries is not the test of liability. Sou-lard v. St. Louis, 36 Mo. 546 ; Maléele v. Tower Grove, 57 Mo. 17; Howenstein v.…
1Opinion of the Court
Ray, J. —
The first count of the petition in this case is as follows:
Plaintiffs state that they are now, and for more than fifteen years last past have been, husband and wife. Plaintiffs state that defendant wilfully, maliciously and without probable cause, instituted, and caused to be *381instituted, against these plaintiffs, a certain groundless, false, malicious and vexatious suit in this court, on, or about the ninth day of April, 1879, for certain taxes, alleged to.be due and owing by this plaintiff, Theodocia Brown; that said suit was made returnable to the May term, 1879, of this court; and…
2Cases cited2 opinions
- Closson v. StaplesSupreme Court of Vermont · 1869
- Worley v. Inhabitants of ColumbiaSupreme Court of Missouri · 1885
3Cited by11 opinions
- Peters v. City of LindsborgSupreme Court of Kansas · 1889
- Johnson v. BradyIndiana Court of Appeals · 1915
- Albers v. Merchants' ExchangeSupreme Court of Missouri · 1897
- Bigelow v. City of SpringfieldMissouri Court of Appeals · 1914
- State ex rel. Gentry v. Mayor of Village of DodsonSupreme Court of Louisiana · 1909
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