Jacks v. Stimpson
Illinois Supreme Court
This was an action on the case for malicious prosecution, brought by Stimpson against Jacks, in the Henry County Circuit Court, and taken, by change of venue, to Rock Island; where it was tried at the November term, 1851, of the Circuit Court of that county, before Wilkinson, Judge, and a jury, and judgment was rendered against Jacks for $500 damages.
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This was an action on the case for malicious prosecution, brought by Stimpson against Jacks, in the Henry County Circuit Court, and taken, by change of venue, to Rock Island; where it was tried at the November term, 1851, of the Circuit Court of that county, before Wilkinson, Judge, and a jury, and judgment was rendered against Jacks for $500 damages. The plaintiff below proved, on the trial, that Jacks procured a warrant to be issued by one Griffin, a justice of the peace, for Stimpson, on a charge of larceny, for taking some cattle from the inclosure of said Jacks; under which warrant…
1Opinion of the CourtTrumbull, J.
This was an action on the case for a malicious prosecution. Jury-trial, verdict and judgment against the defendant below for $500 damages.
To maintain an action for a malicious prosecution, it must be shown that the defendant instituted the prosecution against the plaintiff maliciously, and without probable cause; and the two must concur. If the prosecution were malicious and unfounded, but there was probable cause for its institution, the action cannot be maintained.
What constitutes the probable cause which will justify the prosecution of a person for a criminal offence, is a question of law,…
2Cases cited1 opinion
- Foshay v. FergusonNew York Supreme Court · 1846
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