Gilmore v. Mastin
Appellate Court of Illinois
Action on the case for malicious prosecution. Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding.
1Opinion of the Court
Mr. Presiding Justice Adams
delivered the opinion of the court.
The action is case for malicious prosecution. The averments of the declaration are amply sufficient as a basis for proof of want of probable cause and malice; but it is contended by appellees’ counsel that the conviction of appellant alleged in the declaration, and which was reversed by the Appellate Court for the Second District in Gilmore v. The People, 87 Ill. App. 128, is conclusive evidence of probable cause for the prosecution of appellant. In Thomas v. Muehl mann, 92 Ill. App. 571, one of the questions presented ivas,…
2Cases cited15 opinions
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Burt v. PlaceNew York Supreme Court · 1830
- Hartshorn v. SmithSupreme Court of Georgia · 1898
- Holliday v. HollidayCalifornia Supreme Court · 1898
- Ross v. HixonSupreme Court of Kansas · 1891
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3Cited by2 opinions
- Dahlberg v. GraceAppellate Court of Illinois · 1913
- McElroy v. Catholic Press Co.Appellate Court of Illinois · 1911