Spaids v. Barrett
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gary, Judge, presiding.
1Opinion of the CourtJustice Thornton
The question presented in this case, as to the sufficiency of the declaration, will be considered as on motion in arrest of judgment.
The demurrer was properly sustained to the second count. It is nothing more than a count in slander, based upon an alleged libellous affidavit, filed in a legal proceeding. Whatever is said or written in such proceeding, pertinent and material to the matter in controversy, is privileged, and no action can be maintained upon it. 1 Hill. Torts, 344; Warner v. Paine, 2 Sandf. 195; Garr v. Selden, 4 Comst. 91.
The first count alleges that the plaintiff was a dealer…
2Cases cited6 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Whipple v. FullerSupreme Court of Connecticut · 1836
- Gorton v. BrownIllinois Supreme Court · 1862
- Bane v. DetrickIllinois Supreme Court · 1869
- Donnell v. JonesSupreme Court of Alabama · 1850
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3Cited by38 opinions
- Albertson v. RaboffCalifornia Supreme Court · 1956
- Hackley v. HeadleyMichigan Supreme Court · 1881
- Parker v. KirklandAppellate Court of Illinois · 1939
- Fitzgerald ex rel. Stockholders of the Fitzgerald & Mallory Construction Co. v. Fitzgerald & Mallory Construction Co.Nebraska Supreme Court · 1895
- Adams v. SchifferSupreme Court of Colorado · 1887
33 more not listed; retrieve them via the Exa API.