Smith v. Aaron, Aaron, Schimberg & Hess

Plaintiff, David J. Smith, appeals from the dismissal of that portion of his complaint which alleged that defendant’s representation of his wife constituted malicious prosecution. Plaintiff’s wife, Dorothy Smith, retained the defendant law firm, which filed a petition for legal separation. (Ill. Rev. Stat. 1977, ch. 40, par. 101 et seq.) Subsequently, the petition for separation was dismissed for want of prosecution by the circuit court of Cook County and plaintiff then filed a complaint for malicious prosecution in the circuit court of Lake County. Plaintiff appeals from the trial court’s…