Legal Opinion

Kindred v. Stitt

Illinois Supreme Court

Decided September 15, 1869PublishedCited by 24 opinions

Appeal from the Circuit Court of Woodford county; the Hon. S. L. Richmond, Judge, presiding. This was an action of trespass, for an assault and false imprisonment, brought in the court below by Andrew J. Kindred against Stitt, Blair and Towers.

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Appeal from the Circuit Court of Woodford county; the Hon. S. L. Richmond, Judge, presiding. This was an action of trespass, for an assault and false imprisonment, brought in the court below by Andrew J. Kindred against Stitt, Blair and Towers. It appears from the evidence that prior to the 5th of Octotober, 1861, several burglaries, and other crimes, had been committed in Woodford county, in this State, and that the plaintiff, Kindred, was suspected of being one of the guilty parties. Accordingly, on the 5th of October, the defendants, Stitt and Blair, citizens of Woodford county, and…

1Opinion of the CourtChief Justice Breese

This was an action of trespass, for an assault and false imprisonment, and a verdict and judgment for the defendants. To reverse this judgment the plaintiff appeals, and makes the point, that the verdict was contrary to the law and the evidence, and a new trial should have been granted.

The facts show the arrest of the plaintiff, without any warrant, by private persons, in the county where he lived, and taken to another county, and there confined in jail in a filthy cell, and discharged without examination.

Writers on criminal law and proceedings say, that, in general, an arrest may be made in…

2Cases cited1 opinion

  1. Dodds v. BoardIllinois Supreme Court · 1867

3Cited by24 opinions

  1. People v. MarinoAppellate Court of Illinois · 1980
  2. The People v. DoodyIllinois Supreme Court · 1931
  3. Krug v. WardIllinois Supreme Court · 1875
  4. The People v. HumphreysIllinois Supreme Court · 1933
  5. Lindquist v. Friedman's, Inc.Illinois Supreme Court · 1937

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