Johnson v. Von Kettler

Citations

• 84 Ill. 315

Syllabus

<p>1. County court—power to imprison for contempt. The power of county courts to imprison is a special statutory power, and can be exercised only in the cases and in the manner specifically prescribed by the statute. It is not general, but unusual and extraordinary.</p> <p>3. Former adjudication—decision of Supreme Court. Where a judgment is reversed and the cause remanded, and the cause is again brought to this court, the appellant can not again urge as error the same grounds as before, although the reversal may have been placed on other grounds. If dissatisfied with the opinion, he should have presented his petition for its modification in apt time.</p> <p>3. Pleading—declaration in trespass—surplusage. In trespass for false imprisonment, if the declaration charges that the imprisonment was “without any reasonable or probable cause whatever,” these words may be rejected as surplusage, and need not be proved. It is otherwise in case for improperly putting in motion regular process of the court.</p> <p>4. Damages—special must he claimed. In trespass for false imprisonment, under color of process, it is error to admit in evidence the condition of the jail in which the plaintiff was confined, to aggravate the damages, where there is no allegation of special damages in the declaration; but if the damages assessed are conceded not to be excessive, this will be no ground of reversal.</p>