Legal Opinion

Dowie v. Priddle

Illinois Supreme Court

Decided June 23, 1905PublishedCited by 25 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. F. A. Smith, Judge, presiding.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. F. A. Smith, Judge, presiding. This was an action on the case commenced in the circuit court of Cook county by the appellee, against the appellant, to recover damages by reason of an alleged libel which it is averred the appellant had published of and concerning the appellee in a certain publication called 'Leaves of Healing, of which the appellant was the editor. The declaration contained three counts. The libelous matter set out in the first count was…

1Opinion of the CourtJustice Hand

It is first assigned as error that the trial court erred in sustaining the objection of appellee to the testimony offered by appellant to prove the various acts of misconduct of.appellee set up in the special pleas of justification filed by appellant. In actions for slander or libel the defendant may deny that he spoke or published the words set out by plaintiff in his declaration, or he may rely upon the truth of the words spoken or published as a defense to the action. If he deny that he spoke or published the words declared upon by the plaintiff he may mitigate damages in two ways: First,…

2Cases cited9 opinions

  1. Fort Dearborn Lodge No. 214 v. KleinIllinois Supreme Court · 1885
  2. Hunt v. . BennettNew York Court of Appeals · 1859
  3. Torrey v. FieldSupreme Court of Vermont · 1838
  4. Gabe v. McGinnisIndiana Supreme Court · 1879
  5. Gottbehuet v. HubachekWisconsin Supreme Court · 1875

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3Cited by25 opinions

  1. Brewer v. Hearst Pub. Co.Court of Appeals for the Seventh Circuit · 1951
  2. Glasser v. Essaness Theatres Corp.Appellate Court of Illinois · 1952
  3. LaGrange Press v. Citizen Publishing Co.Appellate Court of Illinois · 1929
  4. Salinger v. CowlesSupreme Court of Iowa · 1922
  5. Bodine v. Times-Journal Pub. Co.Supreme Court of Oklahoma · 1910

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