Chapman v. Cawrey
Illinois Supreme Court
Appeal from the. Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding. This was an action on the case, for a malicious prosecution, arrest and imprisonment, and the damages were laid at five thousand dollars. The appellee had rented certain premises of the appellant for á month, and paid the rent. After the expiration of the .term, the appellee was temporarily absent, having left his furniture in the house.
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Appeal from the. Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding. This was an action on the case, for a malicious prosecution, arrest and imprisonment, and the damages were laid at five thousand dollars. The appellee had rented certain premises of the appellant for á month, and paid the rent. After the expiration of the .term, the appellee was temporarily absent, having left his furniture in the house. Upon his return, Saturday evening, he '" found it fastened up, whereupon he forced open the door and > ^-entered. The appellant, after this entry, ordered the appellee…
1Opinion of the CourtChief Justice Breese
This was an action for an unlawful arrest and malicious prosecution, brought to the McLean Circuit Court, by John Cawrey, against David W. Chapman, and a verdict for the plaintiff. ‘A motion for a new trial was overruled, and also a motion.in arrest of judgment, and judgment rendered on the verdict.
To reverse this judgment the defendant has appealed to this court, and makes the point, that the evidence does not show the prosecution was malicious, and that it does show there was probable cause.
It is well settled, if there be probable cause for the prosecution, it is immaterial that the…
2Cases cited2 opinions
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