Wade v. Walden
Illinois Supreme Court
This was an action on the case tried at August term, 1859, before Bailey, Judge. The declaration contains five counts; the first two charge the "* defendant with maliciously -prosecuting the plaintiff before R. W. Scanland, a Justice of the Peace of said county, for having, on the 28th day of October, 1858, stolen one load of wood of the value of one dollar, the property of Otto Jarrett.
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This was an action on the case tried at August term, 1859, before Bailey, Judge. The declaration contains five counts; the first two charge the "* defendant with maliciously -prosecuting the plaintiff before R. W. Scanland, a Justice of the Peace of said county, for having, on the 28th day of October, 1858, stolen one load of wood of the value of one dollar, the property of Otto Jarrett. The remaining counts are for libel, and are founded upon the affidavit made by Wade to procure the arrest of Walden. Plea, general issue, and verdict and judgment for plaintiff for $225. Defendant below…
1Opinion of the CourtCaton, C. J.
Although the defendant below may. have been actuated by malice against the plaintiff in the institution of the prosecution for larceny, yet for that reason alone, this action could not be maintained. In addition to the malice, there must have been want of probable cause. A want of probable cause may raise the presumption of malice, but the existence of malice will not raise a presumption of the want of probable cause. If the facts and information upon which Wade made the complaint were sufficient to raise the belief in a reasonable mind that Walden was guilty of the crime charged, and Wade…
2Cited by10 opinions
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- King v. ColvinSupreme Court of Rhode Island · 1877
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