Poppers v. Miller
Appellate Court of Illinois
Appeal from the Superior Court- of Cook county; the Hon. Elliott Anthony, Judge, presiding. This was a suit for malicious prosecution, brought by appellee against appellant. The cause of action, as set out in the declaration, was the arrest of the appellee, at the instigation of appellant, on a charge of secreting certain personal property on which appellant had a chattel mortgage, executed by appellee to secure the payment of money loaned to her by appellant.
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Appeal from the Superior Court- of Cook county; the Hon. Elliott Anthony, Judge, presiding. This was a suit for malicious prosecution, brought by appellee against appellant. The cause of action, as set out in the declaration, was the arrest of the appellee, at the instigation of appellant, on a charge of secreting certain personal property on which appellant had a chattel mortgage, executed by appellee to secure the payment of money loaned to her by appellant. The declaration was in the usual form, to which appellant pleaded not guilty. Among other instructions given by the court at the…
1Opinion of the CourtWilsoh, J.
The first and second instructions given by the court at the plaintiff’s request, were defective in not embracing as a part of their hypothesis that the prosecution in which the plaintiff was arrested had terminated. But as such, fact was not controverted, and was shown by undisputed evidence, the jury were not misled by the omission, and no injury to appellant was occasioned thereby. In other respects, the instructions given for the plaintiff are unobjectionable.
It appears from the bill of exceptions that the plaintiff claimed on the trial, and offered evidence tending to show that she had…
2Cases cited1 opinion
- Robertson v. BrostIllinois Supreme Court · 1876
3Cited by1 opinion
- Case v. FaginAppellate Court of Illinois · 1921