Ash v. Zwietusch
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. This is an action on the case, by appellant, against appellee, for libel.
Read the full summary
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. This is an action on the case, by appellant, against appellee, for libel. The alleged libelous matter was contained in appellee’s answer filed to appellant’s bill of complaint brought against appellee for an accounting for services rendered and moneys received under a contract between the parties, by which appellant rendered services for appellee as traveling salesman and as general manager of a branch of the business in the sale…
1Opinion of the CourtJustice Carter
The question in this case is, was the alleged libelous matter contained in appellee’s answer privileged? Appellant contends that it was irrelevant and impertinent, and therefore not privileged,-—that the privilege is not absolute. Appellee contends, first, that it was relevant and pertinent to the matter in controversy, and was privileged; and second, that as the alleged defamatory matter is contained in a pleading in a cause died in due course of a judicial proceeding in a court of competent jurisdiction, the privilege is absolute, whether the matter was pertinent or not.
Whether or not a…
2Cases cited1 opinion
- McLaughlin v. CowleyMassachusetts Supreme Judicial Court · 1879
3Cited by9 opinions
- Ritchey v. MaksinIllinois Supreme Court · 1978
- Penick v. RatcliffeCourt of Appeals of Virginia · 1927
- Gosewisch v. DoranCalifornia Supreme Court · 1911
- Bussewitz v. Wisconsin Teachers' Ass'nWisconsin Supreme Court · 1925
- Bond v. PecautDistrict Court, N.D. Illinois · 1983
4 more not listed; retrieve them via the Exa API.