Frizell v. Cole
Illinois Supreme Court
This was an action on the case by Cole against Frizell for verbal slander. The plea was, not guilty. The venue was changed from Perry county to Jackson. There was a trial by jury, and Cole recovered a judgment for five hundred dollars damages. Frizell brought this appeal. The words complained of as slanderous embraced a charge for stealing a hog; there was evidence as to the admissions made by one of the parties.
1Opinion of the CourtWalker, J.
Declarations and admissions of parties, when deliberately made, in view of all the facts to which they relate, are of the most satisfactory and convincing character as evidence. On the other hand, casual remarks, or expressions carelessly made, are unsatisfactory and inconclusive. And with either, owing to the infirmity of human memory, the imperfection of language, and the liability to misunderstand and to misconstrue the language employed by the person making the admission, requires that such evidence should be received with caution. This is, however, true with reference to the proof of all…
2Cited by4 opinions
- Blume v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1916
- Orr v. JasonAppellate Court of Illinois · 1877
- Young v. FouteIllinois Supreme Court · 1867
- Hartley v. LybargerAppellate Court of Illinois · 1878