Phenix v. Castner
Illinois Supreme Court
Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of Stark county; the Hon. David McCulloch, Judge, presiding. This was an action on the ease, by Phebe Castner, against Harmon Phenix, for verbal slander, in the Stark circuit court.
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Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of Stark county; the Hon. David McCulloch, Judge, presiding. This was an action on the ease, by Phebe Castner, against Harmon Phenix, for verbal slander, in the Stark circuit court. There was a trial at- the March term, 1883, of the court, resulting in a verdict for the plaintiff, assessing her damages at $1500. Motion for new trial was made by the defendant, but the court overruled the motion, and gave judgment upon the verdict. The defendant appealed to the Appellate Court for the…
1Opinion of the CourtJustice Scholfield
There was a conflict in the evidence with reference to the speaking of the words in the second and third counts, and also in that with reference to the defence of justification.
The ninth instruction, given at the instance of the plaintiff, was as follows:
“No matter how prominent or respectable any one man or woman may be, the jury ought not arbitrarily and without just cause believe such man’s or woman’s testimony as against the testimony of two or more persons testifying differently upon the same matter.”
We are of opinion that this was calculated to mislead. The fact that two or more persons…
2Cases cited3 opinions
- Geary v. PeopleMichigan Supreme Court · 1871
- Starks v. PeopleNew York Supreme Court · 1847
- Schmidt v. SinnottIllinois Supreme Court · 1882
3Cited by7 opinions
- Aneals v. PeopleIllinois Supreme Court · 1890
- Winn v. InmanAppellate Court of Illinois · 1983
- Blanchard v. BlanchardIllinois Supreme Court · 1901
- Hope v. West Chicago St. R. R.Appellate Court of Illinois · 1899
- State v. BurkettNew Mexico Supreme Court · 1927
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