Skidmore v. Bricker

Citations

• 77 Ill. 164

Syllabus

<p>1. Evidence—malicious prosecution—character of plaintiff. In an action for malicious prosecution, for having the plaintiff arrested for a riot, upon a complaint made by the defendant upon his own knowledge, and not upon information and belief, it is error to permit the plaintiff to prove her character for peace and quiet. If the charge on which she was arrested had been on information and belief, such testimony would be admissible, as having a bearing upon the question whether the defendant believed the charge to be true.</p> <p>3. Malicious pbosecution—advice of attorney as bearing on question of good faith. Where a person, before commencing a criminal prosecution, in good faith consults a respectable attorney, and makes to him a full and fair statement of all the facts, and acts on his advice, this affords strong evidence that there was probable cause, and that the prosecutor acted in good faith and without malice. In such a case, strong evidence is required that he did not believe there was probable cause, in order to make him liable.</p> <p>3. Same—record of acquittal not admissible in evidence. On the trial of an action for malicious prosecution, it is error for the court to admit in evidence, for the plaintiff, the record of the plaintiff’s acquittal of the criminal charge, as the question of his guilt or innocence is not material, the real question being whether the prosecutor had probable cause for believing him guilty.</p> <p>4. Same—motives of the plaintiff, unless known to the prosecutor, not material. In a suit against one for a malicious prosecution, growing out of a prosecution of the plaintiff and others for a riot, it is not proper to inquire into the motives of the plaintiff in being present, and the part taken by him in the affair for which he was arrested, unless the prosecutor knew of the same before he commenced the prosecution.</p> <p>5. Former conviction—as a bar to a second prosecution. The prosecution and fining of two of three persons fo