Horne v. Sullivan

Citations

• 83 Ill. 30

Syllabus

<p>1. Pleading and evidence—special damages. Special damages must be particularly specified in the declaration or the plaintiff will not be allowed to give evidence of them at the trial. Evidence of damages arising from the loss of hoarders, growing out of the party’s arrest, is not admissible unless specially claimed in the declaration.</p> <p>2. Evidence—malicious prosecution. In an action for malicious prosecution for arresting the plaintiff, it is error to admit evidence in behalf of the plaintiff of a difficulty in which the defendant’s wife had been concerned, or respecting the character of defendant’s wife and son for peace and quietness.</p> <p>3. Malicious prosecution— legal advice as a defense. Where a party, in good faith, consults with a licensed attorney and acts upon his advice in making a complaint for the arrest of another, he may show that fact in defense, and it is not incumbent on him to go further and show that such attorney was a man learned and skilled in his profession.</p>