Legal Opinion

McKee v. Ingalls

Illinois Supreme Court

Decided December 15, 1842Published

This cause was heard in the court below* at the October term, 3842, before the Hon. Samuel D. Lockwood. The facts of the case appear in the opinion of the court. . 1. Courts and juries will understand words in the same way [* 31] that other people do. The doctrine of construing words in mitiorisensu lias long since been exploded. Demaret v. Haring, 6 Cowen 77, 87; 3 Cowen 239. 2. The words alleged to have been spoken are actionable.

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This cause was heard in the court below* at the October term, 3842, before the Hon. Samuel D. Lockwood. The facts of the case appear in the opinion of the court. . 1. Courts and juries will understand words in the same way [* 31] that other people do. The doctrine of construing words in mitiorisensu lias long since been exploded. Demaret v. Haring, 6 Cowen 77, 87; 3 Cowen 239. 2. The words alleged to have been spoken are actionable. To call a man a thief^ without explanation, has always been considered actionable in this court. “He will steal” is actionable. 21 Wend. 70. “ I,believe he will…

1Opinion of the CourtScatbs, Justice

The words laid were, “ You are a damned thief; ” “If you have got money, you stole it; ” “ I believe you are a damned thief; I believe you will steal.” General issue ; and verdict for the defendant. Motion for new trial, for misdirection of the court, and because the verdict is against law and evidence. ' The court overruled the motion, and the plaintiff excepted, preserving a part of the evidence and the instructions given and refused. He now assigns for error: first, the denial of his motion; second, the giving the defendant’s instructions; and, third, the refusal to give instructions…

2Cases cited4 opinions

  1. Miller v. MillerNew York Supreme Court · 1811
  2. Hyatt v. WoodNew York Supreme Court · 1808
  3. Van Rensselaer v. DoleNew York Supreme Court · 1800
  4. Cornelius v. SlyckNew York Supreme Court · 1839

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