MALICIOUS PROSECUTION, § 37 — sufficiency of evidence of probable cause. In action for malicious prosecution against party who brought ordinary civil action begun by summons to recover from plaintiff monies paid to him under abandoned oral contract, held that order sustaining defendant's motion to strike amended complaint and dismissing cause was proper, since judgments entered for plaintiff in original proceedings were conclusive evidence of probable cause notwithstanding subsequent reversal by Appellate Court, and, further, that allegations of issuance of execution after term at which original judgment was entered had elapsed, return thereof nulla bona, subsequent garnishment proceedings, and other matters set out were not such perversion of process as to constitute abuse of process.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by PRESIDING JUSTICE LEWE.
Not to be published in full. Opinion filed February 25, 1948; released for publication March 25, 1948.