Mitchinson v. Cross
Illinois Supreme Court
Appeal from the Circuit Court of Ford county. This was an action for malicious prosecution, brought by Cross against Mitchinson.
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Appeal from the Circuit Court of Ford county. This was an action for malicious prosecution, brought by Cross against Mitchinson. It appears that Mitchinson had Cross arrested for alleged slanderous words spoken by the latter, imputing to the former adulterous intercourse with one Catharine Cross, formerly Catharine Mitchinson, and to show the absence of probable cause for such prosecution, the plaintiff in this suit attempted to prove the truth of the alleged slanderous words. The plaintiff introduced testimony showing that on one occasion the defendant made an indecent exposure of his person…
1Opinion of the CourtJustice McAllister
In July, 1867, the appellant, Mitchinson, filed his affidavit in the Ford county Circuit Court, and sued out a capias ad respondendum against appellee, Cross, in an action on the case, for slanderous words alleged to have been uttered and spoken by the latter, imputing to the former adulterous intercourse with one Kate Mitchinson, the niece of appellant. Upon this writ Cross ivas arrested and, as he says, imprisoned in the county jail for the space of 48 hours. That suit having been dismissed and abandoned by Mitchinson, as it is claimed, Cross brought this action against Mitchinson, alleging…
2Cited by17 opinions
- Smith v. LongIllinois Supreme Court · 1883
- Gee v. ScottTexas Supreme Court · 1878
- Schreffler v. ChaseIllinois Supreme Court · 1910
- Sloan v. SloanIllinois Supreme Court · 1900
- Fearn v. PostlethwaiteIllinois Supreme Court · 1909
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