{
  "id": 2918702,
  "name": "Leopold Mioduszewski, Defendant in Error, v. Stefan Spoganitz, Plaintiff in Error",
  "name_abbreviation": "Mioduszewski v. Spoganitz",
  "decision_date": "1917-12-17",
  "docket_number": "Gen. No. 23,393",
  "first_page": "112",
  "last_page": "113",
  "citations": [
    {
      "type": "official",
      "cite": "209 Ill. App. 112"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T15:09:41.322311+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Leopold Mioduszewski, Defendant in Error, v. Stefan Spoganitz, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Holdom\ndelivered the opinion of the court.\n3. Malicious pjbosecution, \u00a7 65*\u2014what is not evidence of malice in prosecuting criminal case. The fact that defendant, in an action for malicious prosecution, exhibited some temper in discussing the supposed delinquencies of plaintiff was not' evidence of malice, where defendant had instituted the prosecution of a criminal case upon advice of competent counsel on a full and fair statement of all facts within defendant\u2019s knowledge or which he could obtain on reasonable inquiry. ^\n4. Malicious prosecution, \u00a7 65*\u2014what is effect of termination of criminal prosecution as proof of malice or want of probable cause. The termination of a criminal prosecution in plaintiff\u2019s favor, on account of which an action for malicious prosecution is brought, did not tend to prove either the element of malice or want of probable cause.",
        "type": "majority",
        "author": "Mr. Presiding Justice Holdom"
      }
    ],
    "attorneys": [
      "Maximilian J. St. George, for plaintiff in error.",
      "Walter J. Flens and Lee W. Carpenter, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Leopold Mioduszewski, Defendant in Error, v. Stefan Spoganitz, Plaintiff in Error.\nGen. No. 23,393. (Not to be reported in full.)\nAbstract of the Decision.\n1. Malicious prosecution, \u00a7 13 \u2014when advice of counsel affords protection. The advice of competent counsel made upon a full and fair disclosure of all the facts and circumstances involved in the case in which the advice of such counsel is sought is a justification for prosecution by the party advised and protection to him against being answerable in damages for malicious prosecution.\n2. Malicious prosecution, \u00a7 75*\u2014when evidence shows probable cause to believe that plaintiff was guilty of crime. Evidence held sufficient to show that there was probable cause to believe that plaintiff was guilty of conspiracy and embezzlement with which he was charged on the complaint of defendant and that defendant might prudently have been so advised by his counsel for prosecution of plaintiff, in an action for malicious prosecution.\nError to the Municipal Court of Chicago; the Hon. Patrick B. Flanagan, Judge, presiding.\nHeard in this court at the October term, 1917.\nReversed with finding of fact.\nOpinion filed December 17, 1917.\nStatement of the Case.\nAction by Leopold Mioduszewski, plaintiff, against Stefan Spoganitz, defendant, for malicious prosecution. From.a judgment for plaintiff for $1,000, defendant brings error.\nMaximilian J. St. George, for plaintiff in error.\nWalter J. Flens and Lee W. Carpenter, for defendant in error.\nSee Illinois Notes Digest, Vois. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0112-01",
  "first_page_order": 140,
  "last_page_order": 141
}