Leyenberger v. Paul

This case has twice been before this court, and

is reported as Leyenberger v. Paul, 12 Ill. App. 635, and Paul v. Leyenberger, 17 Ill. App. 167. The action is for malicious prosecution, and is brought by Paul against Leyenberger to recover damages against him for causing the plaintiff’s arrest and imprisonment, maliciously and without probable cause, upon a charge of embezzlement. At the last trial the jury found the defendant guilty and assessed the plaintiff’s damages at §3,500, and for that sum and costs the plaintiff had judgment.

The question principally litigated at the trial was whether…