Nybladh v. Herterius
U.S. Circuit Court for the Northern District of Illnois
At Law. Demurrer to narr. Action by Carl A. Nybladh against C. J. E. Herterius et al. for malicious prosecution and'false imprisonment.
1Opinion of the CourtBlodgett, J.
The declaration in this case contains three counts: (1) For malicious prosecution of plaintiff; (2) for false imprisonment of plaintiff; (3) for malicious prosecution, — to all which plaintiff demurs generally.
The first point of demurrer insisted on by defendants is that the declaration is bad for misjoinder of causes of action, it being contended that an action for false imprisonment cannot be joined with an action for malicious prosecution. Under the common law, trespass was the usual remedy for false imprisonment, and case the remedy for malicious prosecution, and counts in these two forms…
2Cases cited2 opinions
- Krug v. WardIllinois Supreme Court · 1875
- Barker v. KoozierIllinois Supreme Court · 1875
3Cited by2 opinions
- Columbia Savings & Loan Ass'n v. ClauseWyoming Supreme Court · 1904
- Dolan v. BaldridgeWashington Supreme Court · 1931