Israel v. Brooks
Illinois Supreme Court
This was an action in case for malicious prosecution. Declaration in the usual form. Plea, not guilty. The following warrant was the foundation of the action: “ Whereas, J. W. Israel hath this day made complaint before John Amos, a justice of the peace of the said county, that about two hundred dollars were feloniously stolen, taken and carried away, and that he has just cause to suspect, and doth verily believe, that James Brooks did feloniously steal, take and carry away…
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This was an action in case for malicious prosecution. Declaration in the usual form. Plea, not guilty. The following warrant was the foundation of the action: “ Whereas, J. W. Israel hath this day made complaint before John Amos, a justice of the peace of the said county, that about two hundred dollars were feloniously stolen, taken and carried away, and that he has just cause to suspect, and doth verily believe, that James Brooks did feloniously steal, take and carry away the same. We, therefore, command you to take the said James Brooks,” etc. And it was admitted, that the defendant made…
1Opinion of the CourtBreese, J.
The action for malicious prosecution is necessarily viewed by the courts with great jealousy, from public considerations, as few men could be found who would be willing to originate a criminal prosecution, if, on failure to establish the guilt of the accused, he himself was to be subjected to an onerous and expensive suit. Ancieutly it was doubted if the action would lie, unless founded upon a conspiracy. It is now, however, well established, such actions will be maintained, but at the same time, the onus is upon the party bringing the action, to show that the criminal prosecution was the…
2Cases cited1 opinion
- Secor v. BabcockNew York Supreme Court · 1807
3Cited by43 opinions
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Louisville & Nashville Railroad v. OwensCourt of Appeals of Kentucky · 1915
- Glenn v. LawrenceIllinois Supreme Court · 1917
- McIntosh v. WalesWyoming Supreme Court · 1913
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