Appellate Court of Illinois, 1896

Scheldrup v. John V. Farwell Co.

Scheldrup v. John V. Farwell Co.
Appellate Court of Illinois · Decided December 28, 1896 · Waterman
67 Ill. App. 630; 1896 Ill. App. LEXIS 187

Scheldrup v. John V. Farwell Co.

Opinion of the Court

Mr. Justice Waterman

delivered the opinion or the Court.

In an action for malicious prosecution, it is necessary that the plaintiff should prove that the defendant, in the institution of the prosecution complained’ of, acted maliciously and without probable cause.

There was upon the trial below no evidence of a want of probable cause. The jury were therefore properly instructed to find the defendant not guilty.

The judgment of the Superior Court is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.