Hitchcock v. Cullerton

COZORT, Judge.

The plaintiff instituted this action for malicious prosecution seeking to recover damages of $20,250.00 from the defendant. At trial the plaintiff presented evidence tending to show that on 25 June 1982 plaintiff and defendant, his neighbor, engaged in a verbal exchange concerning plaintiff’s construction of a fence on his property which abutted the defendant’s property. Subsequent to the exchange plaintiff was arrested on a warrant sworn out by the defendant alleging that plaintiff “did unlawfully and willfully threaten to physically injure the person of Kathleen A.…