Develing v. Sheldon

Citations

• 83 Ill. 390

Syllabus

<p>1. Trespass—liability of accessory. All who direct, request, advise, aid or abet in the commission of an unlawful act against the person of another, as, in procuring his unlawful arrest, are to be regarded as guilty of the trespass, and responsible for all the damages.</p> <p>2. Same—illegal arrest and imprisonment. If a party is arrested and imprisoned under void process, all persons who aid in procuring the arrest, by making the affidavit for the writ or otherwise, or who direct, advise or abet the same, will be liable in damages to the injured person.</p> <p>3. Accessory—sufficiency of proof. A member of a committee who have counseled and advised an arrest to be made which is illegal, can not be held liable in trespass unless it is shown he acted with them. The mere fact of his being a member does not make him guilty of their unlawful acts.</p> <p>4. Excessive damages—illegal wrest. In trespass for an illegal arrest and imprisonment, where the plaintiff suffered no personal injury, and was detained from his business only a few days, and the expenses incurred in his defense did not exceed §50, and there were no aggravating circumstances, §500 was regarded as excessive damages.</p>