Angelo v. Faul
Illinois Supreme Court
Appeal from the Circuit Court of Morgan county; the Hon. Cybus Eplee, Judge, presiding. This suit was brought on the 4th day of October, 1873, by George Faul against John Angelo, for .malicious prosecution, in causing plaintiff to be arrested and prosecuted on a charge of burning a hay stack, the property of defendant.
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Appeal from the Circuit Court of Morgan county; the Hon. Cybus Eplee, Judge, presiding. This suit was brought on the 4th day of October, 1873, by George Faul against John Angelo, for .malicious prosecution, in causing plaintiff to be arrested and prosecuted on a charge of burning a hay stack, the property of defendant. On the hearing before the committing magistrate, plaintiff was discharged, and that seems to have been the end of the criminal proceedings, and on the next day this suit was commenced. Plaintiff was not committed to prison, was only in custody from early in the morning until…
1Opinion of the CourtJustice Scott
Whether the facts proven in an action for malicious prosecution constitute probable cause for commencing a criminal proceeding against a party charged, has always been regarded as a question of law. Wade v. Walden. 23 Ill. 425. Of course it is for the jury to find the facts in any given case, but when once ascertained, it is a matter of law whether such facts constitute probable cause for instituting a criminal prosecution. Probable cause, as understood in this connection, has been so often defined in the decisions of this court, that we need not repeat the definitions. Ross v. Innis, 26 Ill.…
2Cases cited5 opinions
- Ames v. SniderIllinois Supreme Court · 1873
- Ross v. InnisIllinois Supreme Court · 1861
- Collins v. HayteIllinois Supreme Court · 1869
- Wade v. WaldenIllinois Supreme Court · 1860
- Huddle v. MartinIllinois Supreme Court · 1870
3Cited by19 opinions
- Hirschman v. PeopleIllinois Supreme Court · 1881
- Frye v. O'NEILLAppellate Court of Illinois · 1988
- Ely v. National Super Markets, Inc.Appellate Court of Illinois · 1986
- Thomas v. MuehlmannAppellate Court of Illinois · 1901
- Gardiner v. MaysAppellate Court of Illinois · 1887
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