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MITCHELL v. JOHNSTON

No. 42048.

241 S.W.2d 902 (1951)

MITCHELL v. JOHNSTON.

Supreme Court of Missouri, Division No. 2.

Rehearing Denied September 10, 1951.

Attorney(s) appearing for the Case

Gresham, Hizer & Boughan and Walter J. Gresham, all of Kansas City, for appellant.

William A. Pevehouse, Kansas City, for respondent.

WESTHUES, Commissioner.

Plaintiff Alfred Mitchell filed this suit in the Circuit Court of Jackson County, Missouri, to recover damages from the defendant for false arrest. The amount sued for was $25,000, $10,000 actual damages and $15,000 punitive damages.

The case was placed on peremptory call for December 29, 1949. Notice was published in the Daily Record as required by the circuit court rules. Plaintiff failed to appear and the case was dismissed for want...

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