Enright v. Gibson
Appellate Court of Illinois
Action on the case for malicious prosecution. Appeal from the Circuit Court of Cook" County; the Hon. Oscar E. Heard, Judge, presiding. Statement by the Court. This is an appeal from a judgment in favor of appellee and against appellant for the sum of $2,500. The jury, by their verdict, assessed the plaintiff’s damages at the sum of $5,000, from -which the plaintiff, pending a motion for a new trial, remitted $2,500, and judgment was rendered for the remainder.
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Action on the case for malicious prosecution. Appeal from the Circuit Court of Cook" County; the Hon. Oscar E. Heard, Judge, presiding. Statement by the Court. This is an appeal from a judgment in favor of appellee and against appellant for the sum of $2,500. The jury, by their verdict, assessed the plaintiff’s damages at the sum of $5,000, from -which the plaintiff, pending a motion for a new trial, remitted $2,500, and judgment was rendered for the remainder. The declaration contains two counts. The first count is for false imprisonment, and, after averring, with the usual prolixity, the…
1Opinion of the CourtJustice Adams
Counsel for appellant contend that the suit was prematurely brought, citing Phelan v. Douglas, 11 Howard’s Pr. R. 193; Warren v. Slade, 23 Mich., 1, and Hardy v. Ryle, 9 Barn. & Cress., 603. The.transcript of Hall, justice, before whom the complaint alleged in the second count was heard, shows that the case was called May 28, 1901, at 9 o’clock a. m., and that defendant was discharged. The summons in the present suit was issued May 28, 1901, and appellant’s contention is, that there being no fractions of a day in law, the suit should not have been commenced till May 29 or later.
The objection…
2Cases cited18 opinions
- Gibler v. City of MattoonIllinois Supreme Court · 1897
- Lake Shore & Michigan Southern Railway Co. v. HessionsIllinois Supreme Court · 1894
- Chicago, Rock Island & Pacific Railroad v. MoffittIllinois Supreme Court · 1874
- Levy v. Chicago National BankIllinois Supreme Court · 1895
- Skidmore v. BrickerIllinois Supreme Court · 1875
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3Cited by3 opinions
- Chicago City Railway Co. v. ReddickAppellate Court of Illinois · 1908
- Luthmers v. HazelAppellate Court of Illinois · 1918
- Illinois Steel Co. v. SaylorAppellate Court of Illinois · 1906