Wolbrecht v. Baumgarten
Illinois Supreme Court
This was an action of case at common law, for slander, brought by appellee in the Circuit Court of Winnebago, and thence taken by change of venue to the Stephenson Circuit Court.
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This was an action of case at common law, for slander, brought by appellee in the Circuit Court of Winnebago, and thence taken by change of venue to the Stephenson Circuit Court. The first count of the declaration charges: For that whereas the said plaintiff (appellee) always was and is a good, true and honest citizen of this State, and (until the grievances hereinafter mentioned) unsuspected of any perjury, false swearing, or other crime whatever, and thereby had deservedly gained the good opinion of all his neighbors, etc.; and whereas, before the speaking and publishing of the false and…
1Opinion of the CourtBreese, J.
Although there might be a case where this court would set aside a third verdict as being entirely without evidence to support it, or for a gross misdirection of the court as to the law, we do not think this is such a case. We do not discover any error "in law, and as to the evidence, though not entirely satisfactory, it is sufficient to sustain the verdict.
It may be questionable whether the defendant in charging the plaintiff with swearing to a lie particularized with sufficient distinctness in what part of the evidence the perjury was committed. One witness states it in one way, and another,…
2Cited by10 opinions
- Illinois Central Railroad v. PattersonIllinois Supreme Court · 1879
- Norkevich v. Atchison, Topeka & Santa Fe Railway Co.Appellate Court of Illinois · 1931
- Hubbard v. CowlingSupreme Court of Oklahoma · 1913
- Columbus Street Railway Co. v. PaceOhio Supreme Court · 1903
- Clark v. JenkinsMassachusetts Supreme Judicial Court · 1894
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