Legal Opinion

Roth v. Smith

Illinois Supreme Court

Decided April 15, 1866PublishedCited by 9 opinions

Writ of Error to the Circuit Court of Jo Daviess county; the Hon. Benj. R. Sheldon, Judge, presiding. This was an action of trespass m et ctrmis for false imprisonment, brought by Micholas Roth, in the Jo Daviess Circuit Court, to the May Term, 1863, against Bradner.Smith. The declaration contained two counts, to which defendant filed the plea of not guilty, upon which issue was joined.

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Writ of Error to the Circuit Court of Jo Daviess county; the Hon. Benj. R. Sheldon, Judge, presiding. This was an action of trespass m et ctrmis for false imprisonment, brought by Micholas Roth, in the Jo Daviess Circuit Court, to the May Term, 1863, against Bradner.Smith. The declaration contained two counts, to which defendant filed the plea of not guilty, upon which issue was joined. At the August Term, 1863, a trial was had before the court and a jury, who found a verdict of guilty, and assessed the damages at $300. A new trial was granted, and the cause was again tried at the October…

1Opinion of the CourtChief Justice Walker

Plaintiff in error sued defendant in error, in the Jo Daviess Circuit Court, for an assault and false imprisonment. The first count avers, that defendant, intending to injure and imprison plaintiff, made a pretended charge of his having discouraged volunteers from enlisting in the army of the United States; and to execute his evil intentions he caused plaintiff to be arrested and imprisoned by certain officers. That he was so arrested, and placed in the county jail without lawful authority or in accordance with the forms of law, and without any probable cause; and restrained of his liberty…

2Cited by9 opinions

  1. Cochrane v. TuttleIllinois Supreme Court · 1874
  2. Neimitz v. ConradOregon Supreme Court · 1892
  3. Cudahy v. PowellAppellate Court of Illinois · 1889
  4. Rauwolf v. Travelers Indemnity Co.Appellate Court of Illinois · 1974
  5. Harris v. SchlinkAppellate Court of Illinois · 1916

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