McDavitt v. Boyer
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Edgar county; the Hon. P. Bookwalter, Judge, presiding. This is an action on the case, brought by appellee against appellant for slander. The trial resulted in verdict and judgment against appellant. A new trial was refused, and judgment was rendered upon the verdict. An appeal was prosecuted to the Appellate Court.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Edgar county; the Hon. P. Bookwalter, Judge, presiding. This is an action on the case, brought by appellee against appellant for slander. The trial resulted in verdict and judgment against appellant. A new trial was refused, and judgment was rendered upon the verdict. An appeal was prosecuted to the Appellate Court. The Appellate Court has affirmed the judgment of the circuit court; and the present appeal is prosecuted from such judgment of affirmance. The declaration consists of…
1Opinion of the CourtJustice Magruder
One of the errors -assigned by the appellant is, that the trial court erred in giving the instructions to the jury, which were given for the appellee. The first instruction told the jury, that, if they believed from a preponderance of the evidence, that the defendant spoke and published of and concerning the plaintiff the words charged in the declaration, or some set of words as therein charged, then the law presumes they were spoken maliciously, and with a view to defame and injure the plaintiff; and that this presumption of law can only be rebutted by evidence showing otherwise.
The second…
2Cases cited4 opinions
- Hastings v. LuskCourt for the Trial of Impeachments and Correction of Errors · 1839
- Spaids v. BarrettIllinois Supreme Court · 1870
- Hunckel v. VoneiffCourt of Appeals of Maryland · 1888
- Cristman v. CristmanAppellate Court of Illinois · 1890
3Cited by34 opinions
- Briggs v. GoodwinCourt of Appeals for the D.C. Circuit · 1977
- Pecue v. . WestNew York Court of Appeals · 1922
- Lulay v. Peoria Journal-Star, Inc.Illinois Supreme Court · 1966
- Robert Carl Anthony v. Daniel G. Baker, Individually and as Deputy Sheriff of the County of El Paso, ColoradoCourt of Appeals for the Tenth Circuit · 1992
- Judge v. Rockford Memorial HospitalAppellate Court of Illinois · 1958
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