Whitehall v. Smith
Illinois Supreme Court
This was an action on the case for a malicious prosecution, commenced by appellee against appellant, at the April term, A. D. 1856, of the Iroquois Circuit Court. Plea, not guilty.
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This was an action on the case for a malicious prosecution, commenced by appellee against appellant, at the April term, A. D. 1856, of the Iroquois Circuit Court. Plea, not guilty. On the trial before Randall," Judge, and a jury, the plaintiff called one H. C. Bryant, who testified that he was a justice of the peace of said county, and that when Samuel M. Ayres went away to Virginia, he left his books and a box of papers, saying to him that there was the book and papers belonging to his office. Defendant objected, and the court overruled the objection, and allowed the witness to make the…
1Opinion of the Court
Catón, C. J.
It was too late to take the objection to the form of the verdict. It was cured by the statute of Jeofails. But the proof of the loss of the affidavit and warrant was insufficient to admit secondary evidence of their contents. The affidavit was made before Justice Ayers, and the warrant issued by him. On some occasion, he went to Virginia, and left a part of his papers with the witness, Bryant, and a part with one Joiner. Bryant swore they were not in the box of papers left with him, nor were they pinned into Ayers’ docket, which he was in the habit of doing with papers relating to…
2Cited by2 opinions
- Becker v. QuiggIllinois Supreme Court · 1870
- Young v. PeopleIllinois Supreme Court · 1906