Gilbert v. Emmons
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. E, 8. Williams, Judge, presiding. This was an action of trespass on the case, brought in the court below by Strew M. Emmons against Frank S. Palmer and William Gilbert, for malicious prosecution of the plaintiff, upon a charge of larceny.
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Appeal from the Circuit Court of Cook county; the Hon. E, 8. Williams, Judge, presiding. This was an action of trespass on the case, brought in the court below by Strew M. Emmons against Frank S. Palmer and William Gilbert, for malicious prosecution of the plaintiff, upon a charge of larceny. A trial resulted in a verdict for the plaintiff for $5,000 damages ; Palmer having died after the verdict was rendered, a judgment was entered against Gilbert, from which he took this appeal. So much of the pleadings and facts in the case as are necessary for an understanding of the questions decided,…
1Opinion of the CourtJustice Lawrence
The declaration in this case avers, that the grand jury “ adjudged and determined that the said plaintiff was not guiliy of the said supposed offense, and refused, and did not find or present a bill of indictment against the said plaintiff for the said supposed offense, or for any offense whatever, and then and there caused the said plaintiff to be discharged out of custody, fully acquitted and discharged of the said supposed offense.” The proof made by plaintiff to support this averment was, that the grand jury ignored the bill, and the first point made by the counsel for the plaintiff in…
2Cited by28 opinions
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- Stansbury v. FogleCourt of Appeals of Maryland · 1873
- Beaman v. FreesmeyerIllinois Supreme Court · 2019
- Burghardt v. RemiyacAppellate Court of Illinois · 1991
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