Walker v. Martin
Illinois Supreme Court
Appeal from the Circuit Court of Will county; the Hon, Josiah McRoberts, Judge, presiding. This was an action on the case brought by Martin against Walker and Cutting, for malicious prosecution. A sufficient statement will be found in the opinion of the court.
1Opinion of the CourtChief Justice Breese
This action was originally brought by Martin against Walker and Cutting, and on a trial by jury, a verdict was rendered for the plaintiff for the sum of twenty thousand dollars, and judgment entered for that amount.
On appeal to this court, the judgment was reversed on the ground, chiefly, that the damages were excessive. The cause was remanded for a new trial, and, on the second trial, against Walker alone, Cutting having died in the meantime, the jury awarded the plaintiff twenty-five thousand dollars as damages. On remittitur being entered of five thousand dollars, judgment was rendered for…
2Cases cited1 opinion
- Walker v. MartinIllinois Supreme Court · 1867
3Cited by4 opinions
- Collins v. City of Council BluffsSupreme Court of Iowa · 1872
- City of Decatur v. FisherIllinois Supreme Court · 1870
- Smith v. HillIllinois Supreme Court · 1958
- Smith v. HillIllinois Supreme Court · 1958