Legal Opinion

Thomas v. Muehlmann

Appellate Court of Illinois

Decided January 7, 1901PublishedCited by 15 opinions

Malicious Prosecution.—Appeal from the Circuit Court of Cook County; the Hon. Charles A. Bishop, Judge, presiding. Heard in this court at the March term, 1900.

1Opinion of the CourtJustice Windes

The only question presented for decision is as to whether there was error in overruling plaintiff’s demurrer to the defendants’ plea of the statute of limitations. The determination of this question involves mainly the consideration as to whether the original declaration states a cause of action, and secondly, as claimed by appellant’s counsel, the filing of pleas of the general issue thereto admitted its sufficiency, so that the appellees can not now be heard to claim that the original declaration did not state a cause of action.

It seems too plain to require the citation of authority to…

2Cases cited19 opinions

  1. Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
  2. Burt v. PlaceNew York Supreme Court · 1830
  3. Chicago, Burlington & Quincy Railroad v. WarnerIllinois Supreme Court · 1884
  4. Israel v. BrooksIllinois Supreme Court · 1860
  5. Bitting v. Ten EyckIndiana Supreme Court · 1882

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3Cited by15 opinions

  1. Hanser v. BieberSupreme Court of Missouri · 1917
  2. Saunders v. BaldwinSupreme Court of Virginia · 1911
  3. Kennedy v. BurbidgeUtah Supreme Court · 1919
  4. Haddad v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1916
  5. Thieme v. MacArthurAppellate Court of Illinois · 1936

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