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 Hugh Martin against Martin O. Walker and Guy H. Cutting, in the Cook Circuit Court, for malicious prosecution. A change of venue was taken to Will county, where the case was tried before a jury, and resulted in a verdict and judgment in favor of appellee for twenty thousand dollars. The declaration contains three counts.
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Appeal from the Circuit Court of Will county; the Hon. Josiah McRoberts, Judge, presiding. This was an action on the case brought by Hugh Martin against Martin O. Walker and Guy H. Cutting, in the Cook Circuit Court, for malicious prosecution. A change of venue was taken to Will county, where the case was tried before a jury, and resulted in a verdict and judgment in favor of appellee for twenty thousand dollars. The declaration contains three counts. The first and second of which allege, that on the 17th day of March, 1866, defendants charged plaintiff with larceny of coal, and caused a…
1Opinion of the CourtJustice Beeese
The first point made on this record is, that the action is prematurely brought, for the reason, that the criminal prosecution which originated it was not legally terminated at the time it was commenced, neither by the action or decision of a competent tribunal, nor by abandonment thereof by the appellants as prosecutors. '
It appears, a warrant was issued against Martin on the affidavit of Cutting, one of the appellants, made before a justice of the peace of Cook county, charging him with the larceny of some coal, the property of appellants. Martin was arrested on this warrant and brought…
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