This was an action on the case for a malicious prosecution, commenced by appellee against appellant, at the April term, A. D. 1856, of the Iroquois Circuit Court. Plea, not guilty.

On the trial before Randall, Judge, and a jury, the plaintiff called one H. C. Bryant, who testified that he was a justice of the peace of said county, and that when Samuel M. Ayres went away to Virginia, he left his books and a box of papers, saying to him that there was the book and papers belonging to his office. Defendant objected, and the court overruled the objection, and allowed the witness to make the statement. Witness then stated that he never made any examination till the commencement of this trial, for the affidavit and warrant stated in the declaration, and that he had only examined the box which had been kept open on his desk since said Ayers had left, and he could n’t find them there, and he had then examined every place in his office where the papers might have been placed, and he could n’t find them; that Ayers generally pinned his papers to the docket, and he had examined the docket, as Ayers called it, and he could n’t find them; that Ayers had left other papers with G. B. Joiner, but what they were, he didn’t know. Witness gave further testimony tending to identify the docket as being the docket of said Ayers; that Ayers gave it to the witness, saying it was his docket, and he (witness) believed it to be his docket; that he knew Ayers’ signature, and he believed that to be his signature; to all which, defendant objected— objections overruled. Plaintiff then offered the docket in evidence—objected to by defendant; objection overruled by the court.

The plaintiff then called S. A. Washington, to prove the contents of the affidavit and warrant. Defendant objected; the court overruled the objection, and allowed the witness to testify what he believed those two papers contained.

The plaintiff then offered in evidence a memorandum signed by S. M. Ayers, J. P., as follows:

People of the State op Illinois, I us. >

Joel B. Smith and Wm. Smith. )

Affidavit filed and sworn to, February 27,1856. Warrant issued, 27th day of February, A. D. 1856, returnable forthwith, and subpoena in behalf of the plaintiff, February 28, 1856. Two subpoenas issued in behalf of defendants, and. one in behalf of plaintiff, February 29, one subpoena issued in behalf of defendant. The body of the above prisoners were delivered in court, and the suit dismissed for want of jurisdiction.

S. M. AYERS, J. P.

…

Citation profile

How this case has been treated — in progress