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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Ladeas v. Carter, 845 S.W.2d 45 (1992)

Citation
Ladeas v. Carter, 845 S.W.2d 45 (1992)
Parent Document
Ladeas v. Carter, 845 S.W.2d 45 (1992)
Jurisdiction
Missouri (state)
Effective Date
1992-12-15

Other Sections in This Document (82)

Full Text

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But even if the magistrate had no jurisdiction whatsoever, his judgment is just as good for the purpose of an action for malicious prosecution as if plenary jurisdiction existed. On this point Prof. Greenleaf observes: “Nor is it material that the plaintiff was prosecuted by an insufficient process, or before a court not having jurisdiction of the matter; for a bad indictment may serve all the purposes of malice as well as a good one, and the injury to the party is not on that account less than if the process had been regular, and before a competent tribunal.” Stubbs, 67 S.W. at 663. In Best v. Hoeffner,