Legal Opinion

Baker v. Young

Illinois Supreme Court

Decided April 15, 1867PublishedCited by 13 opinions

Appeal from the Circuit Court of Stephenson county; the Hon. Benjamin B. Sheldon, Judge, presiding. Augusta Young brought an action on the case for slander, in the Circuit Court, against Ludwig Baker, and Caroline Baker, his wife.

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Appeal from the Circuit Court of Stephenson county; the Hon. Benjamin B. Sheldon, Judge, presiding. Augusta Young brought an action on the case for slander, in the Circuit Court, against Ludwig Baker, and Caroline Baker, his wife. The declaration averred, that the plaintiff was an unmarried woman, and that Caroline Baker falsely and maliciously spoke these words: “ ’Gusta Young is in the family way, and Rink and his wife took her to a Chicago doctor to have the child worked off.” Also, that “ ’Gusta Young was with child, and that Rink and his wife took her to a Chicago doctor to have the…

1Opinion of the Court

Mr. Chife Justice Walker

delivered the opinion of the Court:

In actions for slander, the plaintiff must prove the language laid in the declaration, or so much, at least, as fully proves the charge. Equivalent words in meaning will not be sufficient. It is true, that all of the words in the sentence need not be proven, if those which are proved fully establish the slander. If, however, other words not laid are proved, which limit or change the meaning of those counted on, the action will not be sustained. If all the words laid are necessary to constitute the slander, then they must be proved as…

2Cited by13 opinions

  1. Henneger v. LomasIndiana Supreme Court · 1896
  2. Price v. ClappTennessee Supreme Court · 1907
  3. Thomas v. FischerIllinois Supreme Court · 1874
  4. Blake v. SmithSupreme Court of Rhode Island · 1896
  5. Kovar v. BremerAppellate Court of Illinois · 1938

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