Butler v. Lewis

Full title: James Butler and Fred Butler, Appellees, v. Dr. James H. Lewis, Appellant…

Court: Appellate Court of Illinois, Fourth District

Date published: Mar 2, 1943

318 Ill. App. 225 (Ill. App. Ct. 1943)

47 N.E.2d 512

Opinion

Opinion filed March 2, 1943

MALICIOUS PROSECUTION, § 44^_ — when court should have directed verdict for defendant. In action for malicious prosecution of charge of stealing hogs, held that evidence disclosed that there was complete absence of anything malicious on part of defendant in instituting prosecution and that, in instituting it, he did not act without probable cause; that such facts, coupled with fact that defendant received advice in matter from office of State's Attorney, constituted complete legal defense to action, and that, on showing made, verdict for defendant should have been directed.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Saline county; Hon. DARCE F. RUMSEY, presiding.

Reversed, with judgment here, in bar of plaintiffs' causes of action. Heard in this court at February term, 1943.

C.A. Whiteside, for appellant;

Alpheus Gustin, for appellees.

Opinion by PRESIDING JUSTICE CULBERTSON.

"Not to be published in full." Opinion filed March 2, 1943.