Emery v. Ginnan
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Jobs P. Altgeld, Judge, presiding. The declaration in this action was for maliciously, and without probable cause and by means of a false affidavit, procuring a writ of capias to be issued by Justice of the Peace, and the plaintiff to he arrested by a Constable, and while so under arrest by threats and imprisonment, extorting from plaintiff’s possession a certain warehouse receipt for certain goods, and wrongfully…
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Appeal from the Superior Court of Cook County; the Hon. Jobs P. Altgeld, Judge, presiding. The declaration in this action was for maliciously, and without probable cause and by means of a false affidavit, procuring a writ of capias to be issued by Justice of the Peace, and the plaintiff to he arrested by a Constable, and while so under arrest by threats and imprisonment, extorting from plaintiff’s possession a certain warehouse receipt for certain goods, and wrongfully compelling plaintiff to indorse said warehouse receipt to the defendants, by means whereof defendants obtained and took…
1Opinion of the CourtMoran, P. J.
There is a distinction recognized and established hy the authorities between an action for a malicious abuse of legal process, and a malicious use of legal process.
Where the action is for abuse of process it is not necessary to prove that the action in which the process issued has been determined, or to aver that it was sued out without reasonable or probable cause. Granger v. Hill, 4 Bing. (N. C.) 212.
But where there is just claim in suit, and civil process is maliciously used to arrest the defendant when no probable cause for such arrest exists, it is necessary in order to recover for such…
2Cases cited8 opinions
- Brown v. RandallSupreme Court of Connecticut · 1869
- M'Cormick v. SissonNew York Supreme Court · 1827
- Quinn v. DonovanIllinois Supreme Court · 1877
- Chicago, Burlington & Quincy Railroad v. HarwoodIllinois Supreme Court · 1875
- Sartwell v. ParkerMassachusetts Supreme Judicial Court · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Stanford v. . Grocery Co.Supreme Court of North Carolina · 1906
- White v. International Text Book Co.Supreme Court of Iowa · 1912
- White v. International Textbook Co.Supreme Court of Iowa · 1911
- Nolan v. Allstate Home Equipment Co.District of Columbia Court of Appeals · 1959
- Alberto-Culver Company v. Andrea Dumon, Inc.District Court, N.D. Illinois · 1969
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