Legal Opinion

Dodds v. Board

Illinois Supreme Court

Decided January 15, 1867PublishedCited by 9 opinions

Writ of Error to the Circuit Court of Edgar county; the Hon. Justin Harlan, Judge, presiding. This was an action of trespass vi et a/rrnis brought by James M. Board, in the Edgar Circuit Court, against Matthew M. Dodds, John J. Logan, Fergus M. Blair and Ephraim S. Wolf. The declaration proceeded for an assault and battery, by illegally arresting plaintiff and falsely imprisoning him. Each of the defendants, except Logan, filed separate pleas of not guilty.

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Writ of Error to the Circuit Court of Edgar county; the Hon. Justin Harlan, Judge, presiding. This was an action of trespass vi et a/rrnis brought by James M. Board, in the Edgar Circuit Court, against Matthew M. Dodds, John J. Logan, Fergus M. Blair and Ephraim S. Wolf. The declaration proceeded for an assault and battery, by illegally arresting plaintiff and falsely imprisoning him. Each of the defendants, except Logan, filed separate pleas of not guilty. Logan filed a plea of justification, which is the fourth in the series, averring that he had been informed that plaintiff was guilty, as…

1Opinion of the Court

Hr. Chief Justice Walker

delivered the opinion of the Court:

The assignment of errors questions the decision of the court below in sustaining the demurrer to the fourth, fifth and sixth pleas filed by defendants below. The fourth plea is intended as a plea of justification. It was pleaded alone by Logan. It avers that plaintiff was an idle person, and consorted with persons of known bad character, and that a larceny had been recently committed in the neighborhood, and that he had been informed that plaintiff was accessory to the crime, and that he believed, and had probable cause for believing,…

2Cited by9 opinions

  1. Dutton v. Roo-Mac, Inc.Appellate Court of Illinois · 1981
  2. Richard Odorizzi v. A. O. Smith Corporation and Pinkerton's, Inc.Court of Appeals for the Seventh Circuit · 1971
  3. Kindred v. StittIllinois Supreme Court · 1869
  4. Enright v. GibsonIllinois Supreme Court · 1906
  5. Lindquist v. Friedman's Inc.Appellate Court of Illinois · 1936

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