Legal Opinion

Brennan v. Tracy

Missouri Court of Appeals

Decided June 26, 1876PublishedCited by 10 opinions

Error to St. Louis Circuit Court. cited: 2 Greenl. on Ev., secs. 454, 455; Stone v. Crocker, 24 Pick. 81; Humphries v. Parker, 52 Me. 505 ; 1 Bishop’s Cr. Law, sec. 591; 2 Bishop’s Gr. Law, secs. 907, 909, 918; The State v. Burham, 9 N. H. 34. cited: Townsend, secs..92, 263, 784 (2 ed.) ; 2 Stark.' on Slander, 130; Gillett v. Missouri Valley R. R. Co., 55 Mo. 315; Maynard v. Fireman Ins. Co., 47 Cal. 207 ; 48 Ill. 87.

1Opinion of the Court

Lewis, J.,

delivered tbe opinion of tbe court.

This is an action for malicious prosecution, originally instituted against the Central Savings Bank, Henry C. Patterson, and John H. Tracy. A demurrer filed by the Central Savings Bank was sustained, and the testimony failing to connect the defendant Patterson with the prosecution complained of, he was discharged of liability in this proceeding by an instruction, of which no complaint is made by the plaintiff in error. The points, saved in the court below relate to defendant Tracy only, in whose favor a verdict was rendered by the jury.

It appears…

2Cases cited2 opinions

  1. Humphries v. ParkerSupreme Judicial Court of Maine · 1864
  2. Maynard v. Fireman's Fund InsuranceCalifornia Supreme Court · 1873

3Cited by10 opinions

  1. Telegram Newspaper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1899
  2. State ex inf. Crow v. Firemen's Fund InsuranceSupreme Court of Missouri · 1899
  3. Carp v. Queen InsuranceSupreme Court of Missouri · 1907
  4. Wilkinson v. McGeeSupreme Court of Missouri · 1915
  5. Kennedy v. HolladayMissouri Court of Appeals · 1887

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