Burdette v. Argile
Appellate Court of Illinois
Action on the Case, for libel. Appeal from . the Superior Court of Cook County; the Hon. Marcus Kavanagh, Judge, presiding. Heard in this court at the October term, 1900. Statement.—This action is on the case for libel. Appellees, in response to a rule of the Superior Court of Cook County requiring them to show cause why they should not be adjudged in contempt of said court, filed a written answer to the rule, a part of which constitutes the alleged libel sued upon.
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Action on the Case, for libel. Appeal from . the Superior Court of Cook County; the Hon. Marcus Kavanagh, Judge, presiding. Heard in this court at the October term, 1900. Statement.—This action is on the case for libel. Appellees, in response to a rule of the Superior Court of Cook County requiring them to show cause why they should not be adjudged in contempt of said court, filed a written answer to the rule, a part of which constitutes the alleged libel sued upon. The part in question, as set up by the declaration of appellant, with appropriate innuendo, is as follows: “ J. W. Burdette…
1Opinion of the CourtJustice Sears
The only question presented upon this appeal is as to the sufficiency of the evidence to go to the jury; and the only ground upon which the direction of a verdict by the trial court is sought to be justified, is that the writing, in which the alleged libel was published, is such a privileged publication as could in no event, under the evidence, be made the basis of a liability.
The general rule is, as contended by counsel for appellees, that in judicial proceedings both the answers of witnesses in testifying and the written statements of litigants and counsel in their pleadings, when such…
2Cases cited9 opinions
- Marsh v. . EllsworthNew York Court of Appeals · 1872
- Hastings v. LuskCourt for the Trial of Impeachments and Correction of Errors · 1839
- McLaughlin v. CowleyMassachusetts Supreme Judicial Court · 1879
- Spaids v. BarrettIllinois Supreme Court · 1870
- McDavitt v. BoyerIllinois Supreme Court · 1897
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3Cited by4 opinions
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