Blalock v. Randall

Citations

• 76 Ill. 224

Syllabus

<p>1. Trespass—/»?' act done under legal process. Trespass will not lie for an act clone under a legal process regularly issued from a court, or by an officer of competent jurisdiction. Case only will lie, and that on the ground only of malice and want of probable cause.</p> <p>2. Pleading—statute abolishing distinction between trespass and, case. The statute abolishing the distinction between the. actions of trespass and case, does away with the technical distinction only, but does not affect the substantial rights and liabilities of the parties, so as to operate to give any other remedy for acts done than before existed.</p> <p>3. Same—plea justifying trespass under legal process. To a declaration in trespass for an assault and false imprisonment, the defendant pleaded three special pleas, in substance, that on a complaint made by the defendant, before a justice of the peace, of the commission of a forgery by the plaintiff, a warrant issued, upon which plaintiff was arrested and brought before the justice, and, on examination, was required to give bail for his appearance at the next term of the circuit court, and in default of giving the bail, plaintiff was committed to jail by the justice, which was the trespass and imprisonment complained of. The second plea also averred that there were reasonable grounds to believe that plaintiff had committed the offense: Held, that the pleas, especially the second, were good on demurrer, and presented a sufficient answer to the counts in trespass.</p> <p>4. Malicious prosecution—termination of prosecution. In order to maintain an action for malicious prosecution, it must be shown that the alleged malicious prosecution has been legally terminated. Striking the cause from the docket, on motion of the State’s attorney, with leave to reinstate the same, is not a legal termination of the prosecution.</p> <p>5. Evidence—of similar acts in respect to others. . In trespass and malicious prosecution against one for procuring the arres