McBean v. Ritchie
Illinois Supreme Court
This was an action on the case, for .a malicious prosecution, instituted by Ritchie against McBean, the plaintiff in error, and taken, by change of venue, from Massac to Pulaski county. Issue was joined upon the plea of general issue. There was a trial by jury, and a verdict for $650 damages, and a judgment upon the verdict. A motion for a new trial was overruled. The opinion of the court is founded upon an erroneous instruction, which is copied into the opinion.
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This was an action on the case, for .a malicious prosecution, instituted by Ritchie against McBean, the plaintiff in error, and taken, by change of venue, from Massac to Pulaski county. Issue was joined upon the plea of general issue. There was a trial by jury, and a verdict for $650 damages, and a judgment upon the verdict. A motion for a new trial was overruled. The opinion of the court is founded upon an erroneous instruction, which is copied into the opinion. The cause was brought, by consent, from the first to the second grand division.
1Opinion of the CourtSkinner, J.
This was an action on the case, by Ritchie against McBean, for malicious prosecution of Ritchie for perjury. On the trial the court instructed the jury, on the part of ^Ritchie, as follows :
“ The court instructs the jury, as matter of law, that if you believe, from the evidence, that McBean, defendant, prosecuted plaintiff for peq'ury maliciously and without probable cause, the verdict should be for plaintiff, Ritchie, and if Ritchie was tried on said charge, and on investigation of the cause he was acquitted, and the prosecution ended, these facts, prima facie, show, in law, that there was…
2Cases cited1 opinion
- White v. DingleyMassachusetts Supreme Judicial Court · 1808
3Cited by14 opinions
- Bonney v. KingIllinois Supreme Court · 1903
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- Lewis v. GoldmanMassachusetts Supreme Judicial Court · 1922
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