Blalock v. Randall
Illinois Supreme Court
Appeal from the Circuit Court of Sangamon county; the Hon. Chakles S. Zane, Judge, presiding. This was an action of trespass, brought in the Macon circuit court, by Stephen A. Randall against David Blalock, the declaration containing seven counts, the last two being in case for malicious prosecution. The defendant pleaded the general issue, and two special pleas of j ustification to the counts in trespass. The venue was changed to Sangamon .county.
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Appeal from the Circuit Court of Sangamon county; the Hon. Chakles S. Zane, Judge, presiding. This was an action of trespass, brought in the Macon circuit court, by Stephen A. Randall against David Blalock, the declaration containing seven counts, the last two being in case for malicious prosecution. The defendant pleaded the general issue, and two special pleas of j ustification to the counts in trespass. The venue was changed to Sangamon .county. The following is a copy of the special pleas, omitting formal parts: “ 2. Actio non, because he says, that on, etc., one George Goodman was'then,…
1Opinion of the CourtJustice Sheldon
The declaration in this case contains seven counts. Five are in trespass, and charge an assault and unlawful imprisonment, and the sixth and seven counts are for a malicious prosecution.
The court below sustained a demurrer to three special pleas to the counts in trespass, and this is assigned for error.
The matter of defense set up in the pleas was, in substance, that on a complaint, made by the defendant before a justice of the peace, of the commission of a forgery by the plaintiff, a warrant issued upon which plaintiff was arrested and brought before the justice, and, on examination, was…
2Cases cited1 opinion
- Luddington v. PeckSupreme Court of Connecticut · 1818
3Cited by25 opinions
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