Sasek v. Triska

Appellate Court of Illinois

Sasek v. Triska

205 Ill. App. 414, 1917 Ill. App. LEXIS 1169

Appellate Court of Illinois·Decided April 30, 1917·No. Gen. No. 22,884·Published

Opinion

Mr. Presiding Justice McSurely

delivered the opinion of the court.

3. Malicious prosecution, § 74*—what must he proved in action for. In an action for malicious prosecution, it is essential that malice be shown on the part of the defendant who started the prosecution, and a want of probable cause for believing that the plaintiff was guilty of the offense charged, and want of such probable cause is not shown by the acquittal of the plaintiff.

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Mr. Presiding Justice McSurely

delivered the opinion of the court.

3. Malicious prosecution, § 74*—what must he proved in action for. In an action for malicious prosecution, it is essential that malice be shown on the part of the defendant who started the prosecution, and a want of probable cause for believing that the plaintiff was guilty of the offense charged, and want of such probable cause is not shown by the acquittal of the plaintiff.

Sasek v. Triska, 205 Ill. App. 414, 1917 Ill. App. LEXIS 1169 (Ill. Ct. App. 1917).

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