McCausland v. Wonderly
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Erastds S. Williams, Judge, presiding. On the 18th day of Uovember, 1868, McCausland caused a warrant to be issued by a justice of the peace, and Wonderly to be arrested thereon, on a charge of larceny. On the first of December following, Wonderly, on being brought before the justice, was discharged from custody, no witnesses appearing against him; whereupon, Wonderly brought this action for malicious prosecution.
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Appeal from the Circuit Court of Cook county; the Hon. Erastds S. Williams, Judge, presiding. On the 18th day of Uovember, 1868, McCausland caused a warrant to be issued by a justice of the peace, and Wonderly to be arrested thereon, on a charge of larceny. On the first of December following, Wonderly, on being brought before the justice, was discharged from custody, no witnesses appearing against him; whereupon, Wonderly brought this action for malicious prosecution. On the trial the defendant offered in evidence statements made by himself at the time the prisoner was discharged, as to the…
1Opinion of the CourtChief Justice Lawrence
This was an action for malicious prosecution, in which the jury found a verdict for the plaintiff for $1,250. On a motion for a new trial, the court held the verdict too large, and the plaintiff expressed his readiness to enter a remittitur of $600, which would obviate the objections of the court, but the remittitur was not in fact entered. Judgment was however rendered for $1,250, less $600, to be remitted, etc. This judgment was informal, and must be reversed, with leave to the plaintiff to properly enter a remittitur and then take bis judgmént in the proper form.
The other errors are not…
2Cited by16 opinions
- Best v. Taylor MacHine WorksIllinois Supreme Court · 1997
- Haid v. TingleAppellate Court of Illinois · 1991
- Andres v. GreenAppellate Court of Illinois · 1955
- Chicago & Northwestern Railway Co. v. CummingsAppellate Court of Illinois · 1886
- Rothgerber v. WonderlyIllinois Supreme Court · 1872
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