Jacobson v. Rolley, 12606

Decision Date19 June 1975
Docket NumberNo. 12606,12606
Citation330 N.E.2d 256,29 Ill.App.3d 265
PartiesJames JACOBSON, Plaintiff-Appellant, v. E. William ROLLEY and Capron State Bank, an Illinois Banking Corporation, Defendants-Appellees.
CourtUnited States Appellate Court of Illinois

Jack C. Vieley, Peoria, for plaintiff-appellant.

Ralph Schroeder, Bloomington, James C. Wollrab, Costigan, Wollrab, Fraker, Wochner & Neirynck, Bloomington, for defendants-appellees.

CRAVEN, Justice:

James Jacobson appeals from a trial court order dismissing his complaint against attorney E. William Rolley and Rolley's client, Capron State Bank. This complaint alleged that the defendants had subjected plaintiff to malicious prosecution and false imprisonment and that they had done so wilfully, intentionally, and maliciously.

The complaint arose from incidents surrounding a citation to discover assets filed by the defendants which required plaintiff to appear in the circuit court of McLean County. Plaintiff contended in his complaint that defendant Rolley, in a telephone conversation with plaintiff's attorney, agreed to a continuance but that Rolley nevertheless 'caused and procured said Judge to issue a warrant of arrest for the apprehension of the Plaintiff * * * and for bringing the Plaintiff before said Judge to be dealt with according to the law for an alleged contempt of court.' The complaint further alleged plaintiff's arrest and detention.

To support a claim of malicious prosecution, a complaint must allege all the essential elements as set out in Freides v. Sani-Mode Mfg. Co., 33 Ill.2d 291, 211 N.E.2d 286:

'Essential elements of the action for malicious prosecution are (1) the commencement or continuance of an original criminal or civil judicial proceeding, (2) its legal causation by the present defendant against plaintiff who was the defendant in the original proceeding, (3) its Bona fide termination in favor of the present plaintiff, (4) the absence of probable cause for such proceeding, (5) the presence of malice, and (6) damages resulting to plaintiff. Each of these elements must be present.' (33 Ill.2d at 295, 211 N.E.2d at 288.)

The complaints in the present case are insufficient with regard to at least three of these elements. First, they do not properly allege that the contempt proceeding here was caused by defendant Rolley. The allegation that defendants 'caused and procured' issuance of a warrant is merely conclusory. (Shemaitis v. Froemke, 6 Ill.App.2d 323, 127 N.E.2d 648.) If defendants played any active part in procuring the arrest or contempt citation, that role is not apparent on the face of the complaint.

Second, the complaint failed to allege that the contempt proceeding was properly terminated in favor of Jacobson. In fact, there is no mention whatsover of the outcome of the contempt proceeding.

Further, the complaint makes no proper allegation...

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11 cases
  • Occhino v. U.S.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • August 25, 1982
    ... ... Page 1306 ... Rosvall v. Provost, 279 Minn. 119, 155 N.W.2d 900, 904 (1968); Jacobson v. Rolley, 29 Ill.App.3d 265, 330 N.E.2d 256, 258 (1975); Zeitinger v. Mitchell, 244 S.W.2d 91, 96 ... ...
  • Weimann v. Kane County
    • United States
    • United States Appellate Court of Illinois
    • December 16, 1986
    ... ... (Jacobson v. Rolley (1975), 29 Ill.App.3d 265, 267, 330 N.E.2d 256; see also Executive Commercial Services, ... ...
  • Hyatt v. U.S.
    • United States
    • U.S. District Court — Eastern District of New York
    • June 25, 1997
    ... ... 110, 113, 502 N.E.2d 373, 376 (1986) and Jacobson v. Rolley, 29 Ill.App.3d 265, 330 N.E.2d 256, 258 (1975)), the Court does not find that the ... ...
  • Bismarck Hotel Co. v. Sutherland
    • United States
    • United States Appellate Court of Illinois
    • October 5, 1988
    ... ... See also Jacobson v. Rolley (1975), 29 Ill.App.3d 265, 330 N.E.2d 256 (allegation that defendant acted "without any ... ...
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