Kimmel v. Henry

Citations

• 64 Ill. 505

Syllabus

<p>1. Malicious prosecution. Where a party procured the arrest of- the plaintiff on a peace warrant, and from his evidence on the examination it did not appear that he had any just fear of personal or other injury, but the whole of the facts showed that the arrest was not in good faith, but for the sinister purpose of getting the plaintiff’s wife away from him; and that another party was acting with him in trying to get the wife away, so that the two were conspiring to have the arrest for an unlawful purpose: Held, that a verdict in favor of the plaintiff against the defendants for §250 must be sustained.</p> <p>2. Same—advice of counsel no excuse, when. Where the parties in such a case consulted an attorney-at-law prior to swearing out the warrant, who drew the complaint and prosecuted, but the evidence failed to show that the attorney was informed of the facts: Held, in view of the bad motive shown, that the advice of the attorney afforded no defense.</p>