Bassett v. Bratton
Illinois Supreme Court
Appeal from the Circuit Court of Stark County; the Hon. J. W. Cochran, Judge, presiding. In December, 1872, John S. Davis placed in the hands of the appellants, Bassett & Connell, attorneys at law, four promissory notes, for collection, against the appellee, Brat-ton, and William H. Loman.
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Appeal from the Circuit Court of Stark County; the Hon. J. W. Cochran, Judge, presiding. In December, 1872, John S. Davis placed in the hands of the appellants, Bassett & Connell, attorneys at law, four promissory notes, for collection, against the appellee, Brat-ton, and William H. Loman. On February 24, 1873, the attorneys brought a suit in assumpsit in the Mercer circuit court, in favor of Davis, against Bratton and Loman, upon the notes, and on the same day sued out a writ of attachment in aid of the suit in assumpsit against the property of Bratton. Afterward, in the absence of Bassett…
1Opinion of the CourtJustice Sheldon
A question is first made in respect to Bassett alone — that he is not liable because he did not participate in causing the arrest and imprisonment, being absent at the time in California, and that if he is to be charged it must be upon the mere facts that he was a partner of Connell, assisted on the trial in the ne exeat proceeding, and signed the appeal bond on appeal from the decision therein.
This question we shall not consider, as we are of opinion the judgment can not be upheld against either defendant. We consider that case, for the malicious motive and want of probable cause for the…
2Cases cited6 opinions
- Miller v. BrinkerhoffNew York Supreme Court · 1847
- Dyer v. FlintIllinois Supreme Court · 1859
- Luddington v. PeckSupreme Court of Connecticut · 1818
- Outlaw v. DavisIllinois Supreme Court · 1861
- Booth v. ReesIllinois Supreme Court · 1861
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3Cited by15 opinions
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- Feld v. LoftisIllinois Supreme Court · 1909
- Bottom v. City of EdwardsvilleIllinois Supreme Court · 1923
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