Nelson v. Borchenius
Illinois Supreme Court
Appeal from the Circuit Court of LaSalle county; the Hon. E. S. Leland, Judge, presiding. This was an action on the case for slander, brought in the circuit court of LaSalle county, by the appellee, Charles Borchenius, against Neis Nelson and Kate Nelson, his wife, the appellants. The averments in the declaration are sufficiently set out in the opinion. The.cause was tried before the court and jury, and a verdict found for the plaintiff.
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Appeal from the Circuit Court of LaSalle county; the Hon. E. S. Leland, Judge, presiding. This was an action on the case for slander, brought in the circuit court of LaSalle county, by the appellee, Charles Borchenius, against Neis Nelson and Kate Nelson, his wife, the appellants. The averments in the declaration are sufficiently set out in the opinion. The.cause was tried before the court and jury, and a verdict found for the plaintiff. A motion in arrest of judgment was made by the defendants, which the court overruled, and rendered judgment for the plaintiff for one cent, and costs.…
1Opinion of the CourtJustice Lawrence
There can be no doubt about the sufficiency of the declaration in this case, upon a motion in arrest of judgment. The allegations are, that Mrs. Nelson falsely said of and concerning the plaintiff, and of and concerning him in his trade and business as a merchant, that he was a villain, a rascal, and a cheater, meaning that the plaintiff was then and there a villain, a rascal, and a cheater, in his said business as a merchant.
The declaration had already set forth the fact that the plaintiff was a merchant, and these averments sufficiently apply the slanderous words to his business. The words…
2Cases cited5 opinions
- Van Vechten v. HopkinsNew York Supreme Court · 1809
- Gibson v. WilliamsNew York Supreme Court · 1830
- Barton v. HolmesSupreme Court of Iowa · 1864
- Smawley v. StarkIndiana Supreme Court · 1857
- Smith v. MilesSupreme Court of Vermont · 1843
3Cited by36 opinions
- Julian v. Kansas City Star Co.Supreme Court of Missouri · 1908
- Colbert v. Journal Publishing Co.New Mexico Supreme Court · 1914
- People v. FullerIllinois Supreme Court · 1909
- State v. MasonOregon Supreme Court · 1894
- People v. RitchieUtah Supreme Court · 1895
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