John v. Tribune Co.

In this action for libel the defendant filed a motion to strike the third amended complaint and supported its motion with an affidavit setting up what purports to be affirmative matter pursuant to Section 48(1) (i) of the Practice Act [Ill. Rev. Stat. 1957, ch. 110, § 48(1) (i)]. The court sustained the motion and dismissed the suit. From that order plaintiff has appealed. The principal question in the case concerns liability for libel where there is a confusion of identities. Also involved is the propriety of a motion under Section 48(1) (i) to raise this question where the complaint charges…