Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1890-02-10
ONCE AGAIN.

The Nybladh case Heard from In the
United states Ceurt--.One OF the
suits Dismissed.
The first order that has been issued in
the celebrated sensational Nybladh case
in the United Sla'es court was made At
Peoria Friday. Carl A. Nybladh will be
remembered as the Swedish minister who
formerly had charge Of flock at Moline,
but resigned and went TO Galesburg.
shortly after he had been installed as
pastor there the stery was published that
he had been unduly intimate with q
young girl. q member of the church at
Moline, and was the father of her child.
This created q great sensation at Gales
burg as il did in Rock Island county, and
resulted 10 severing the ties that bound
the pastor TO the church members. The
Rev. Mr.. Nyblsdh bad many followers.
and founded another church in Gales
burg. He instituted suit in the Knox
county circuit court for false imprisOn-
ment, Islander and several other things,
but before thew came 20 trial had been
transferred to the United States court of
this division Of the district. A day or
81 ago Judge Blodgett issued q couple of
very important orders in the case which
were received At Peoria Friday. The
first dismisses the suit for SANDER, and is
as follows:
United States Circuit Court. Northern
District of Illinois. Southern Division:
Carl A. Nybladh VS.. Henry Lindeblsd.
ct al. The demurrer TO the declaration
in the above cause is sustained on the
ground that IN action for oral SANDER
cannot be maintained against several de-
PENDANTS. LIST Chitty's pleads, Sc The
clerk will, therefore. enter an order sus>
t.ining the demurrer and dismissiug the
case st plaintiffs cost.
II. W. BLoDGETT, Judge.
The other order is as follows:
United States circuit court, Northern
district OF Illisois, southern division.
term No 2l.
No. 81. Carl A. Nybdssh vs. c. }. E
Herterius ct al, demurrer TO narr. Blod-
gett, judge. The declaration in this case
contains three counts:
l. For malicious prosecution of plain
tiff.
,. For false Imprisonment of plaintiff
| 8. For malicious prosecution.
To all which plaintiff demurs general
ly.
The first point Of demurrer Insisted on
by defendant is. that the declaration is
bad for nisjoinder of causes of action, II
being commended that an action for false
Imprisonment cannot be joined with an
action for malicious prosecution. Under
the common law, trespass was the usus
remedy tor'false imprisonment, and case
the remedy for malicious prosecution,
counts in these two forms Of action
could not be Joined. But this statute OF
Illinois. chapter 10, section 90. abolishes
the distinction between these two forms
OF action, and the supreme court of this
state has held that these two forms OF
seton may be Joined in the same suit.
Krug VS. Ward "a III, 603. Burke vs.
Krozier 50 Ill. EOS.
Second-Deiendants having prayed
and obtained, as they say in their de
murrer. oyer OF the record of judgment
of scquittal set out in their declaration,
argue from such record that such judg
menl of acquittsl was not had upon the
merits. but upon ples Of the Illinois
statute Of limitations.
AS the record in this case does no,
show that oyer was prayed and granted
by the court, what purports to be copy
of the record referred TO Ia the declsra-
ton. set out in the demurrer, cannot be
so considered.
| The court cannot say that what pur-
ports to be the record of plaintiffs &C.
quittsl. set out in the demurrer, BY the
unauthorized act of defendants, is the
record upon which plaintiff relies.
Aside from this, the law seems well
established in this state that oyer cannot
be demanded Of record. Giles VS.. Shaw,
Breese, 2l9. and other cases there cited.
The court, therefore, cannot consider
on this demurrer the question as to
whether the plaintiff was acquitted. or
found not guilty, If the criminal offeuse
for which he was arrested, as set out 10
the declaration. under the plea of the
/ Illinois statute OF limitations.
The demurrer is therefore overruled as
| 70 all the courts, and the defendants
| ruled to plead To the merits Of the case
within twenty days