#### William A. Zeno, Appellee, v. Dr. James H. Ballard, Appellant.

Gen. No. 22,937.

(Not to be reported in full.)

Appeal from the Superior Court of Cook county; the Hon. Samuel C. Stough, Judge, presiding. Heard in this court at the October term, 1916.

Reversed and judgment here.

Opinion filed April 30, 1917.

Statement of the Case.

Action by William A. Zeno, plaintiff, against Dr. James H. Ballard, defendant, to recover damages for malicious prosecution of a criminal case against plaintiff. From a judgment for seventy dollars in favor of plaintiff, defendant appeals.

William S. Stahl, for appellant.

No appearance for appellee.

*422Abstract of the Decision.

1. Malicious prosecution, § 13 * —when person acting on advice of prosecuting attorney is not liable for arrest of plaintiff on criminal charge. In an action for malicious prosecution for causing plaintiffs arrest, where it appeared that plaintiff, hy forging defendant’s name to a receipt for certain articles, secured such articles; that plaintiff possessed a bad reputation, and had previously served in the bridewell on a sentence for forgery; that before taking out the warrant the defendant went to the State’s Attorney’s office and accurately stated the facts to two assistant State’s Attorneys and was by them advised to get out a warrant for forgery, and was directed to another assistant State’s Attorney at a branch of the Municipal Court, and, upon stating the facts to him, was advised to get out the warrant and thereupon he caused the arrest of plaintiff, held that under such circumstances the defendant could not be held answerable.

2. Malicious prosecution, § 13*—when person consulting attorney not liable for institution of criminal proceedings. Where a person before commencing criminal proceedings consults an attorney in good standing and gives him all the facts, and then acts upon the attorney’s advice, he will not be liable in an action for malicious prosecution.

*

See Illinois Notes Digest, Vols, XI to XV, and Cumulative Quarterly, same topic and section number.

Me. Presiding Justice McSurely

delivered the opinion of the court.