Ross v. Innis
Illinois Supreme Court
This was an action for malicious prosecution, brought in the Superior Court of Chicago, by Adam G. Innis against William M. and John H. Ross. Declaration in trespass on the case, and alleged that the defendants had caused the plaintiff falsely and maliciously and without any probable cause to be arrested on a charge of embezzlement ; that he was brought before the magistrate and an examination had, and that the plaintiff was discharged, etc. Plea, general issue.
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This was an action for malicious prosecution, brought in the Superior Court of Chicago, by Adam G. Innis against William M. and John H. Ross. Declaration in trespass on the case, and alleged that the defendants had caused the plaintiff falsely and maliciously and without any probable cause to be arrested on a charge of embezzlement ; that he was brought before the magistrate and an examination had, and that the plaintiff was discharged, etc. Plea, general issue. The cause was tried in December term, 1860, and verdict given for plaintiff for $5,000. Motion for new trial was granted. The cause…
1Opinion of the CourtCaton, C. J.
In the charge to the jury upon the trial of this cause, the court told them: “ What is probable cause where the facts are not disputed, is a question of law; but in this case the facts are disputed, and it is proper for the court to instruct you as to the law concerning probable cause, and the jury should find whether the necessary facts have been proved, on the part of the plaintiff, to make out a want of probable cause. If the plaintiff was cashier of the defendants, and as such cashier received money belonging to the defendants, and without the knowledge or consent of the defendants, or…
2Cited by15 opinions
- McLeod v. McLeodSupreme Court of Alabama · 1882
- Ames v. SniderIllinois Supreme Court · 1873
- Angelo v. FaulIllinois Supreme Court · 1877
- Davie v. WisherIllinois Supreme Court · 1874
- Lyons v. KanterIllinois Supreme Court · 1918
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