Davie v. Wisher

Citations

• 72 Ill. 262

Syllabus

<p>1. Malicious prosecution—burden of proof. In an action for malicious prosecution, the burden of proof is on the plaintiff to show clearly that the defendant did not have probable cause to institute the prosecution complained of.</p> <p>2. Same—probable comae. Probable cause is defined to be a reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense charged.</p> <p>3. In an action for malicious prosecution, the question is not whether the plaintiff was guilty of the offense for which he was prosecuted; he may have been entirely innocent, and yet have no ground upon which to sustain his action.</p> <p>4. Same—admiae of counsel. In an action for malicious prosecution, in order to enable the defendant to base a defense upon the advice of counsel given, he should, in perfect good faith, obtain the advice of a competent and reliable attorney, upon a full and accurate statement of all the facts.</p> <p>5. Same—motive of plaintiff. On the trial of a suit for malicious prosecution of the plaintiff upon a charge of forgery in making a copy of a canceled contract, and placing it on record as an original, whilst the motive that actuated him in making the copy is not a fact directly in issue, yet it is a circumstance which is proper, in connection with the other facts in the case, to go to the jury.</p>