Wilmerton v. Sample

This case was before this court on a former appeal (39 Ill. App. 60). After remandment to the Circuit Court, appellee, the plaintiff in the suit, dismissed the first, second, fourth and fifth counts of his declaration, leaving only the third count, charging trespass to appellee’s dwelling house and property therein, the sixth count, charging malicious prosecution in procuring appellee’s arrest for larceny, and the seventh count, for malicious prosecution in the indictment of appellee for malicious mischief. The plea was the general issue, and, upon a trial, the jury found appellant guilty of…