Boeger v. Langenberg
Supreme Court of Missouri
Appeal from Gasconade Circuit Court. — Hon. A. J. Seat, Judge. (1) Tire court committed error • in sustaining the demurrer to the evidence. Every inference of fact must be drawn against the party asking the- demurrer. And if there is any evidence to support a verdict it is error for the court to take the case away from the jury. In this case, there was sufficient evidence to support a verdict on each count in the petition.
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Appeal from Gasconade Circuit Court. — Hon. A. J. Seat, Judge. (1) Tire court committed error • in sustaining the demurrer to the evidence. Every inference of fact must be drawn against the party asking the- demurrer. And if there is any evidence to support a verdict it is error for the court to take the case away from the jury. In this case, there was sufficient evidence to support a verdict on each count in the petition. Wilson v. The Board of Education, 63 Mo. 137; Moody v. Deutsch, 85 Mo. 237 ; Groll v. Tower, 85 Mo. 249: (2) There was sufficient evidence to show both malice and want of…
1Opinion of the CourtBarclay, J.
The petition states three causes of action. The first is for malicious prosecution, and the second for false imprisonment, both relating to *394the issue of the same search-warrant with a clause of ■arrest. The third is for malicious prosecution of an information against the present plaintiff for receiving stolen goods.
The answer is a general denial.
It appeared at the trial that defendants, in July, 1885, came before a justice of the peace in Gasconade county, and complained that plaintiff had bought some oak shingles or boards of one Jarvis, who had been making them from timber of defendants ;…
2Cases cited1 opinion
- Williams v. VanmeterSupreme Court of Missouri · 1844
3Cited by40 opinions
- Wolf v. ColoradoSupreme Court of the United States · 1949
- Stafford v. MusterSupreme Court of Missouri · 1979
- Freezer v. MillerSupreme Court of Virginia · 1934
- Hanser v. BieberSupreme Court of Missouri · 1917
- Clark v. AllowayIdaho Supreme Court · 1946
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