{
  "id": 8499748,
  "name": "Wladislaw Franczak, Plaintiff in Error, v. Anton Plotzki, Defendant in Error",
  "name_abbreviation": "Franczak v. Plotzki",
  "decision_date": "1913-03-24",
  "docket_number": "Gen. No. 16,645",
  "first_page": "279",
  "last_page": "280",
  "citations": [
    {
      "type": "official",
      "cite": "178 Ill. App. 279"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "144 Ill. 83",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3080072
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/144/0083-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T19:56:36.464744+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Wladislaw Franczak, Plaintiff in Error, v. Anton Plotzki, Defendant in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Smith\ndelivered the opinion of the court.\nThe defendant caused the plaintiff\u2019s arrest, charging him with a violation of Section 1454 of the 1905 Municipal Code of Chicago, which in part is as follows :\n\u201cAll persons who shall make, aid, countenance or assist in making any diversion tending to a breach of the peace within the limits of the city shall be deemed guilty of disorderly conduct, and upon conviction therof shall be severally subject to a fine of not less than one dollar nor more than two hundred dollars.\u201d\nOn a hearing before a Judge of the Municipal Court of Chicago the plaintiff was discharged. The plaintiff then brought an action against the defendant for malicious prosecution. On a trial thereof the jury found the defendant not guilty. The Court denied plaintiff\u2019s motion for a new trial and entered a judgment of nil capiat and for costs against the plaintiff, and to reverse same he sued out this writ of error.\nThe only error urged by the plaintiff is that the court admitted testimony of witnesses, over the plaintiff\u2019s objection, that tended to prove illicit relations between the plaintiff and defendant\u2019s wife. It is argued that the said testimony did not tend to prove disorderly conduct by the plaintiff in that it was not conduct that disturbed the peace and quiet of the community. The defendant, prior to swearing to the complaint on which the warrant was issued for the plaintiff\u2019s arrest, was informed of the plaintiff\u2019s conduct with the defendant\u2019s wife, about which the witnesses testified, and acting on the said information caused the said arrest. The question for the jury was, not the plaintiff\u2019s guilt, but did the defendant institute said prosecution without probable cause and with malice. \u201cBy probable cause is meant, reasonable ground of suspicion supported by facts or circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense charged.\u201d Neufeld v. Rodeminski, 144 Ill. 83.\n\"We think the said testimony competent upon both issues \u2014 probable cause and malice.\nThe judgment is affirmed.\nAffirmed.",
        "type": "majority",
        "author": "Mr. Presiding Justice Smith"
      }
    ],
    "attorneys": [
      "Edward W. Cullen, for plaintiff in error.",
      "Edward J. Adler, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Wladislaw Franczak, Plaintiff in Error, v. Anton Plotzki, Defendant in Error.\nGen. No. 16,645.\n1. Malicious pbosecution \u2014 probable cause question for the jury. In malicious prosecution for causing plaintiffs arrest for breach of the peace, the jury are not to determine plaintiffs guilt, but whether defendant instituted the prosecution without probable cause and with malice.\n2. Evidence \u2014 on issues of probable cause anti malice. In malicious prosecution for causing plaintiffs arrest for breach of the peace, testimony to prove illicit relations between the plaintiff and defendant\u2019s wife is admissible upon the issues of probable cause and malice.\n3. Malicious pbosecution \u2014 probable cause. In malicious prosecution probable cause means \u201creasonable ground of suspicion supported by facts or circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense charged.\u201d\nError to the Municipal Court of Chicago; the Hon. John W. Houston, Judge, presiding. Heard in this court at the March term, 1911.\nAffirmed.\nOpinion filed March 24, 1913.\nEdward W. Cullen, for plaintiff in error.\nEdward J. Adler, for defendant in error."
  },
  "file_name": "0279-01",
  "first_page_order": 297,
  "last_page_order": 298
}