Montross v. Bradsby

Citations

• 68 Ill. 185

Syllabus

<p>1. Malicious prosecution. In order to maintain a suit for malicious prosecution for procuring an indictment against the plaintiff, malice and the want of probable cause must be shown. Malice maybe inferred from the want of probable cause, but the latter can not be inferred from the former. The gist of the action is want of probable cause.</p> <p>2. Same—-facts showing malice and want of probable cause. Where the defendant procured an indictment against the plaintiff for perjury in making an affidavit that the defendant was insolvent, in a suit wherein the latter had signed a bond for costs, knowing, or having good reason to believe, the affidavit to be true, from his embarrassed circumstances financially, this was held sufficient to show not only that the defendant acted without probable cause, but also with malice.</p> <p>8. Damages, excessive—malicious prosecution. Where the defendant procured the plaintiff to be indicted for perjury, under circumstances showing malice and want of probable cause, a verdict for §1000 was held not excessive.</p>