Collins v. Hayte

Citations

• 50 Ill. 353

Syllabus

<p>1. Malicious prosecution—justification. In an action for malicious prosecution, good faith on the part of the defendant, in respect to the alleged wrongful prosecution, is always an important, if not a vital, element of inquiry, and is always a sufficient justification, except where an unreasonable credulity is manifested, inducing the prosecutor to draw conclusions of guilt, when it would have been wanting in the perception of a person of ordinary prudence and judgment.</p> <p>2. Same—where the alleged malicious prosecution was in a civil suit. Where the alleged malicious prosecution and arrest were in a civil suit, to recover damages for a private wrong, yet it will be governed by rules of law, as applicable to the good faith of the prosecutor, precisely the same, had the prosecution been of a criminal character.</p>