Legal Opinion

Carl Corper Brewing & Malting Co. v. Minwegen & Weiss Manufacturing Co.

Appellate Court of Illinois

Decided July 17, 1898PublishedCited by 2 opinions

Malicious Prosecution of Civil Suits.—Trial in the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Judgment for defendant on demurrer to declaration. Appeal by plaintiff.

1Opinion of the CourtJustice Horton

As stated by appellee, the brief for appellant is “ a model of conciseness.” It contains but little more than one page. It cites the case of Payne v. Donagan, 9 Ill. App. 566, and says: “ If the decision of this court in that case was right then the decision of his honor (the Circuit Judge) in the, case at bar was wrong. There is no distinction between the cases.”

In some respects the two cases are substantially the same. In each case the suit was brought to recover for damages alleged to have been suffered by reason of defendants having wrongfully, maliciously, and without probable cause,…

2Cases cited1 opinion

  1. Payne v. DoneganAppellate Court of Illinois · 1882

3Cited by2 opinions

  1. American Optometric Ass'n v. RitholzCourt of Appeals for the Seventh Circuit · 1939
  2. People v. SavinovichCalifornia Court of Appeal · 1922

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