Fadner v. Filer
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the lion. Elliott Anthony, Judge, presiding. This was an action by appellee against appellant for false imprisonment and malicious prosecution.
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Appeal from the Superior Court of Cook County; the lion. Elliott Anthony, Judge, presiding. This was an action by appellee against appellant for false imprisonment and malicious prosecution. The first count of the declaration charges that on January 10, 1886, the defendant assaulted the plaintiff, seized him, and with violence dragged him about, struck him, and having a revolver, threatened to shoot him if he attempted to leave a certain building, and compelled him to remain there twenty hours; and that on January 11, 1886, defendant assaulted plaintiff, struck him, and forced him to go from…
1Opinion of the CourtGarnett, P. J.
1. Appellant insists that the plaintiff was discharged by the justice because he paid to appellant, by way of compromise, the amount of money for the embezzlement of which he was arrested, and not because he was found to be innocent. If a person arrested is discharged by means of a compromise and not because of his innocence, there is no foundation for a suit for malicious prosecution. Emery v. Ginman, 24 Ill. App. 65.
In this case the transcript of the proceedings before the justice setting forth a_ discharge on all the evidence introduced, was offered in evidence by the appellee, and oral…
2Cases cited5 opinions
- Harpham v. WhitneyIllinois Supreme Court · 1875
- Barron v. MasonSupreme Court of Vermont · 1858
- Bradner v. . FaulknerNew York Court of Appeals · 1883
- Emery v. GinnanAppellate Court of Illinois · 1887
- Skidmore v. BrickerIllinois Supreme Court · 1875
3Cited by6 opinions
- Douglas v. KenneyIdaho Supreme Court · 1925
- Singer Sewing Machine Co. v. DyerCourt of Appeals of Kentucky · 1913
- Marlatte v. WeickgenantMichigan Supreme Court · 1907
- Lechner v. EbenreiterWisconsin Supreme Court · 1940
- McFarland v. ClaypoolAppellate Court of Illinois · 1889
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