Opinion
Gen. No. 42,546. (Abstract of Decision.)
Opinion filed February 10, 1944
MALICIOUS PROSECUTION, § 48 — when entry of judgment for defendant notwithstanding verdict for plaintiff is error. In action for malicious prosecution and false arrest and imprisonment of plaintiff who had been arrested by defendant police officer, without warrant and at instance of defendant private-citizen, on charge of disorderly conduct, wherein there was directed verdict of not guilty as to defendant police officer and jury returned verdict of guilty as to defendant private-citizen, held that, under evidence, it was reversible error for trial court to enter judgment for latter notwithstanding verdict for plaintiff (Ill. Rev. Stat. 1939, ch. 38, par. 657; Jones Ill. Stats. Ann. 37.632).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JOHN J. WALLACE, Judge, presiding.
Reversed and remanded with directions. Heard in the second division, first district, this court at the February term, 1943.
Charles C. Richard M. Spencer, for appellant;
No appearance for appellee.
Not to be published in full. Opinion filed February 10, 1944.