Berner v. Prairie State Bank

Mr. Presiding Justice Hebel

delivered the opinion of the court.

This is an appeal by the defendant from a judgment in favor of the plaintiff for $12,500, entered upon the verdict of the jury in a suit for malicious prosecution. The four counts of the declaration upon which the verdict was based are substantially as follows:

In the first count it is alleged that the defendant maliciously and for want of probable cause procured the plaintiff’s arrest, detention, indictment and imprisonment on a charge of having forged a hank check with intent to cheat and defraud the defendant; that thereafter,…