Ashley v. Johnson

Citations

• 74 Ill. 392

Syllabus

<p>1. Evidence—competent to prove the fact of the execution of a writing by oral testimony. On the trial of an action for a false arrest, it is competent to prove, by the justice of the peace who issued the warrant upon which the arrest was made, the fact that a written affidavit was made before him on which he issued the warrant.</p> <p>2. Same—when contents of an affidavit may be proved by oral evidence. Where a justice of the peace who issued a warrant for the arrest of a plaintiff in an action for false imprisonment, testifies to the fact that an affidavit in writing was made before him, upon which the warrant was issued, and the loss of the affidavit is proved, it is competent to prove its contents by oral evidence.</p>