Burnap v. Marsh
Illinois Supreme Court
This was an action on the case for malicious arrest, &c., commenced by Burnap against Marsh and Wight, as attorneys, for suing out a writ of ne exeat, and causing the arrest of Burnap. The action was commenced in the Winnebago Circuit Court, and taken by change of venue to Ogle county.
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This was an action on the case for malicious arrest, &c., commenced by Burnap against Marsh and Wight, as attorneys, for suing out a writ of ne exeat, and causing the arrest of Burnap. The action was commenced in the Winnebago Circuit Court, and taken by change of venue to Ogle county. The first count of the declaration complains that defendants on, &c., at Rockford, &c., without any reasonable or probable cause for so doing, but contriving and intending to imprison, harass, oppress, and injure the plaintiff, falsely and maliciously, as the attorneys and solicitors of Jacob Alberts, John R.…
1Opinion of the CourtCaton, J.
This was an action on the case brought by the plaintiff against the defendants for maliciously suing out a writ of ne exeat against the plaintiff, and causing him to be arrested and imprisoned thereon. To the first count of the declaration, the defendants demurred. To the other counts they pleaded the statute of limitations, that the cause of action had accrued more than two years prior to the commencement of the action. To this plea the plaintiff demurred. The court sustained the demurrer to the first count of the declaration, and overruled the demurrer to the plea, and the plaintiff…
2Cases cited1 opinion
- Donnelly v. People ex rel. BushIllinois Supreme Court · 1850
3Cited by24 opinions
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- Berlin v. NathanAppellate Court of Illinois · 1978
- Kemper v. StateCourt of Criminal Appeals of Texas · 1911
- Zahorsky v. Griffin, Dysart, Taylor, Penner & Lay, P.C.Missouri Court of Appeals · 1985
- Deshawn Gervin v. Pamela FlorenceCourt of Appeals for the Eleventh Circuit · 2025
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