Hurd v. Shaw
Illinois Supreme Court
This was an action of trespass on the case for malicious prosecution. The first and third counts in the declaration are for causing and procuring Shaw to be indicted for stealing a lot of screws, nuts, chains, crowbars, &c., of John H. Bates, and for prosecuting and causing the same to be prosecuted. The second count of the declaration is upon the second count in the indictment, charging the property stolen to be the property of Richard Lappin.
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This was an action of trespass on the case for malicious prosecution. The first and third counts in the declaration are for causing and procuring Shaw to be indicted for stealing a lot of screws, nuts, chains, crowbars, &c., of John H. Bates, and for prosecuting and causing the same to be prosecuted. The second count of the declaration is upon the second count in the indictment, charging the property stolen to be the property of Richard Lappin. The fourth and fifth counts are for causing the said Shaw to be indicted for obtaining goods, the property of said Hurd, by means of false pretenses.…
1Opinion of the CourtBreese, J.
The record in this case shows that Shaw was indicted in the Cook County Court of Common Pleas, for two offenses growing out of the same transaction, one for larceny, in stealing the screws, chains, crowbars, etc., used in the attempt to move the house in which Shaw lived and which Hurd had purchased under an execution. These articles were the property of one Bates, who had loaned them for that purpose.
On this indictment the name of Hurd, as a witness, is not marked, though it appears he was sworn and testified on behalf of the prosecution, which resulted in the acquittal of Shaw, against…
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