Legal Opinion

Taaffe v. Slevin

Missouri Court of Appeals

Decided March 7, 1882PublishedCited by 14 opinions

Appeal from the St. Louis Circuit Court, Adams, J. The petition does not state a cause of action. Regarding it as an action for false imprisonment, it does not allege want of reasonable or probable cause, and does not show that the arrest was unauthorized. — Burns v. Erben, 40 N. Y. 463; Taaffe v. Kyne, 9 Mo. App. 15; 111 Mass. 492; 2 Chitty’s Pl. 600 1 Larke v. Bande, 4 Mo.

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Appeal from the St. Louis Circuit Court, Adams, J. The petition does not state a cause of action. Regarding it as an action for false imprisonment, it does not allege want of reasonable or probable cause, and does not show that the arrest was unauthorized. — Burns v. Erben, 40 N. Y. 463; Taaffe v. Kyne, 9 Mo. App. 15; 111 Mass. 492; 2 Chitty’s Pl. 600 1 Larke v. Bande, 4 Mo. App. 186. Regarding the case, on the other hand, as an action for malicious prosecution, the petition is defective in not stating that the arrest and prosecution were without probable cause. — Cottrell v. Richmond, 5 Mo.…

1Opinion of the CourtBakewell, J.

The petition in this case is as follows : —

“ The plaintiff, M. E. Taaffe, complains of the defendant, 'Charles Slevin, and for cause of action states that on the seventh day of December, 1879, and for many years pi’ior thereto, she was a resident of the city of St. Louis, Missouri, and enjoyed and possessed a good name and fame among the citizens of said city; that on said day the defendant wickedly contriving to inj ure plaintiff, and to bring her into public scandal and infamy, and to oppress the plaintiff, did request, direct, and cause a police officer of the city of St. Louis, without…

2Cases cited2 opinions

  1. Lark v. BandeMissouri Court of Appeals · 1877
  2. Willis v. WarrenNew York Court of Common Pleas · 1859

3Cited by14 opinions

  1. State v. ClarkeIdaho Supreme Court · 2019
  2. Veneman v. JonesIndiana Supreme Court · 1889
  3. Wehmeyer v. MulvihillMissouri Court of Appeals · 1910
  4. Burroughs v. EastmanMichigan Supreme Court · 1894
  5. Conn v. Paul Harris Stores, Inc.Indiana Court of Appeals · 1982

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