STATE v. KILGORE

No. 28251.

238 S.W.2d 874 (1951)

STATE ex rel. and to Use of GIERINGER v. KILGORE et al.

St. Louis Court of Appeals, Missouri.

Rehearing Denied May 18, 1951.


Attorney(s) appearing for the Case

A. A. Gieringer, plaintiff-appellant, presented his own case.

Moser, Marsalek, Carpenter, Cleary & Carter, Lee M. Carter, St. Louis, for respondents.


WOLFE, Commissioner.

This appeal was transferred to this court by the Supreme Court of Missouri which held that it was without jurisdiction of the appeal. The action is for five thousand dollars damages arising out of an alleged malicious prosecution and was brought against defendant Kilgore, a state highway patrolman, and his surety. A motion to dismiss the action was sustained and the plaintiff appealed.

This is one of a number of suits brought by the plaintiff...

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