{
  "id": 5202297,
  "name": "John W. Conroy and Nelson Spalding v. Barbara A. Townsend",
  "name_abbreviation": "Conroy v. Townsend",
  "decision_date": "1897-03-08",
  "docket_number": "",
  "first_page": "61",
  "last_page": "62",
  "citations": [
    {
      "type": "official",
      "cite": "69 Ill. App. 61"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 196,
    "char_count": 2603,
    "ocr_confidence": 0.521,
    "pagerank": {
      "raw": 1.2240919645422112e-07,
      "percentile": 0.6014842950303281
    },
    "sha256": "6819b301529d74eddbe3342d6d2664f71397d873848f990b4aaacf0921d8654e",
    "simhash": "1:5747b4830bc64384",
    "word_count": 447
  },
  "last_updated": "2023-07-14T19:55:23.961114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John W. Conroy and Nelson Spalding v. Barbara A. Townsend."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gary\ndelivered the opinion of the Court.\nThe real question here is, whether the appellants maliciously, and without probable cause, prosecuted the appellee upon a charge that she had threatened to kill, and to do great bodily injury to the appellant Spalding.\nThe language of the declaration as to their joint action is, that they, before a justice, \u201c charged \u201d her .with the offense. The evidence on her part was that the appellants were together at the office of the justice\u2014that Spalding swore to the complaint\u2014that Conroy gave the warrant thereon and a dollar to the constable, and went with him and pointed out the appellee as the person to be arrested. In the complaint and warrant Mrs. J. Pointer was designated as the person against whom the prosecution was directed, by which name of Pointer the appellee was often called, having had a former husband of that name.\nIn all this there is no variance. The facts, not the evidence of them, are to be stated in the declaration.\nTwo may join in charging a person with crime, though but one sign the complaint. 14 Am. & Eng. Ency. of Law, 38.\nWhether the appellee was the person against whom the prosecution was directed was matter of evidence, whatever the name in the complaint and warrant.\nIf the jury paid any attention to the voluminous instructions they had a fair presentation of all the law applicable to the case before them as a guide, and it is unnecessary to spend time and occupy space upon a subject so familiar.\nThe evidence was conflicting. If any of it was to be believed, the jury were to determine what. The damages, $300, are not extravagant for a case where a woman is plaintiff in an action in which vindictive damages may be awarded. The judgment is affirmed.",
        "type": "majority",
        "author": "Mr. Justice Gary"
      }
    ],
    "attorneys": [
      "B. M. Shaffner, attorney for appellants.",
      "Edward H. Morris, attorney for appellee."
    ],
    "corrections": "",
    "head_matter": "John W. Conroy and Nelson Spalding v. Barbara A. Townsend.\n1, Pleading\u2014Evidence Need Not be Stated.\u2014The facts, not the evidence of them, are to be stated in the declaration.\n3. Malicious Prosecution\u2014Signing Complaint Not Necessary.\u2014 Two may join in charging a person with crime, though but one sign the complaint.\n3. Same\u2014Identity of Plaintiff and Person Prosecuted.\u2014Whether a person suing for malicious prosecution was the person against whom the prosecution was directed, is matter of evidence, whatever may be the name in the complaint and warrant.\nTrespass on the (Jase, for malicious prosecution. Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding.\nHeard in this court at the October term, 1896.\nAffirmed.\nOpinion filed March 8, 1897.\nB. M. Shaffner, attorney for appellants.\nEdward H. Morris, attorney for appellee."
  },
  "file_name": "0061-01",
  "first_page_order": 59,
  "last_page_order": 60
}
