Collins v. Fisher

Citations

• 50 Ill. 359

Syllabus

<p>1. Evidence—in a suit for malicious prosecution. In an action for malicious prosecution, where the alleged wrongful prosecution consisted in the commencement of a civil suit by the prosecutors against several persons, members of a labor “ union,” to recover damages for enticing away the apprentices of the prosecutors, and procuring the arrest and holding to bail of the defendants in such suit, it is competent for the defendants in the action for malicious prosecution, to inquire of witnesses whether there was opposition and antagonism between such “ union ” and the establishment of the prosecutors, as going to show the motive which prompted the wrongful conduct of the members of the “ union.”</p> <p>2. And where the suit alleged to have been maliciously instituted, was dismissed by the plaintiffs therein, without being brought to a trial, it is error to refuse such plaintiffs, being defendants in the suit for malicious prosecution, the opportunity to show why they dismissed their suit, as their reasons for dismissing might have shown there was no malice in commencing it, while by rejecting such proof, the jury might infer the dismissal was by reason of the suit being unjustly brought.</p>