Hays v. Mather
Appellate Court of Illinois
Error to the Superior Court of Cook-county; the Hon. Sidney Smith, Judge, presiding. This action was brought in the court below, by Hays against Mather, to recover damages for an alleged libel.
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Error to the Superior Court of Cook-county; the Hon. Sidney Smith, Judge, presiding. This action was brought in the court below, by Hays against Mather, to recover damages for an alleged libel. The declaration contains three counts, the first of which is in substance as follows: First count: Plaintiff and defendant in March, 1882, formed copartnership, in firm name F. C. Mather & Co., as commission merchants, to receive and sell on commission, produce and property consigned to them, and carried on such .commission business at No. 118 South Water street, Chicago; and in the course of such…
1Opinion of the CourtMcAllister, P. J.
When the words of an alleged libelous publication are not reasonably susceptible of any defamatory meaning, the court is justified in sustaining a demurrer to the declaration. But if they are reasonably susceptible of two constructions, the one innocent and the other a libelous construction, then it is a question for the jury which construction is the proper one; and in such case if the defendant demurs to the declaration, his demurrer will be overruled. Odger on Libel and Slander, 26.
A rule involving substantially the Same idea has been concisely stated thus: It is for the court to decide…
2Cases cited1 opinion
- Thompson v. GrimesIndiana Supreme Court · 1854
3Cited by7 opinions
- Berger v. Freeman Tribune Publishing Co.Supreme Court of Iowa · 1906
- Harkness v. Chicago Daily News Co.Appellate Court of Illinois · 1902
- Gerald v. Inter Ocean Publishing Co.Appellate Court of Illinois · 1900
- MacDonald v. LordAppellate Court of Illinois · 1888
- Cavanagh v. ElliottAppellate Court of Illinois · 1933
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