Legal Opinion

Martin v. Leslie

Appellate Court of Illinois

Decided January 24, 1901PublishedCited by 10 opinions

Trespass on the Case, for a conspiracy. Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Heard in this court at the March term, 1900. Statement by the Court.—Appellee brought an action in case against appellants in the nature of a conspiracy, a trial of which before the court and a jury resulted in a verdict in favor of appellee of $15,000 and judgment thereon, from which this appeal is prosecuted.

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Trespass on the Case, for a conspiracy. Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Heard in this court at the March term, 1900. Statement by the Court.—Appellee brought an action in case against appellants in the nature of a conspiracy, a trial of which before the court and a jury resulted in a verdict in favor of appellee of $15,000 and judgment thereon, from which this appeal is prosecuted. The declaration in substance alleges that plaintiff was a shoe merchant possessed of goods worth $15,000 derived from his business, an income of $5,000…

1Opinion of the CourtJustice Windes

delivered the opinion of .the court.

Numerous claims of error are urged upon the attention of the court by reason of which, it is contended, the judgment should be reversed, but it is unnecessary to, and we do not consider them in detail.

It needs no citation of authority that in an action for conspiracy the conspiracy must be established as alleged by a preponderance of the evidence, or at least some wrongful or tortious act of the conspirators resulting in damage to the plaintiff, before there can be a recovery against them all.

We have set out in detail the allegations of the plaintiff’s…

2Cases cited8 opinions

  1. Doremus v. HennessyIllinois Supreme Court · 1898
  2. Smith v. WunderlichIllinois Supreme Court · 1873
  3. Doremus v. HennessyAppellate Court of Illinois · 1896
  4. Himrod v. GilmanIllinois Supreme Court · 1893
  5. Webster v. BaileyMichigan Supreme Court · 1875

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Wright v. StewartU.S. Circuit Court for the District of Missouri · 1904
  2. Duffy v. FrankenbergAppellate Court of Illinois · 1908
  3. Hyman v. BurmeisterAppellate Court of Illinois · 1919
  4. Dickinson v. AtkinsAppellate Court of Illinois · 1902
  5. Dickinson v. SimmsAppellate Court of Illinois · 1906

5 more not listed; retrieve them via the Exa API.

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