Lasher v. Littell
Illinois Supreme Court
Appeal from -the Branch Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. This was an action on the case, brought by the appellee in the circuit court of Cook county, against the appellant and G. Lasher, Francis W. Savage and John Johnson, for malicious prosecution.
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Appeal from -the Branch Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. This was an action on the case, brought by the appellee in the circuit court of Cook county, against the appellant and G. Lasher, Francis W. Savage and John Johnson, for malicious prosecution. The case was subsequently dismissed as to G. Lasher and Francis W. Savage, and John Johnson was not served with process. The appellant filed the general issue, and a trial was had before a jury, which resulted in a verdict and…
1Opinion of the CourtJustice Hand
It is first contended that the court erred in declining" to take the case from the jury. The evidence fairly tended to show want of probable cause for the arrest, and malice, and the court did not err in submitting the case to the jury.
It is next contended that the appellee having averred in the declaration that the appellant conspired, etc., with G. Lasher, Francis W. Savage and John Johnson, he must recover judgment against two or more of the defendants or none. The unlawful acts done in pursuance of a conspiracy, and not the fact of the conspiracy, are the gist-of the cause of action in an…
2Cases cited5 opinions
- Bonney v. KingIllinois Supreme Court · 1903
- Hamilton v. SmithMichigan Supreme Court · 1878
- Herron v. HughesCalifornia Supreme Court · 1864
- Davis v. TaylorIllinois Supreme Court · 1866
- Illinois Central Railroad v. TurnerIllinois Supreme Court · 1902
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- The People v. SmallIllinois Supreme Court · 1925
- Chmielewski v. MarichIllinois Supreme Court · 1954
- Chicago, Wilmington & Vermilion Coal Co. v. PeopleIllinois Supreme Court · 1905
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