Legal Opinion

Bihler v. Gockley

Appellate Court of Illinois

Decided April 28, 1886PublishedCited by 2 opinions

Error to the Superior Court of Cook county ; the Hon. Hollín S. Williamson* Judge, presiding. Plaintiff in error brought an action for slander in the court below.

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Error to the Superior Court of Cook county ; the Hon. Hollín S. Williamson* Judge, presiding. Plaintiff in error brought an action for slander in the court below. Declaration sets forth as follows : At the time of the grievances hereinafter mentioned, plaintiff was a person of good repute, etc., and was engaged to be married to one Fredricka Lieb, and belonged to a church known as the Evangelical Association, and was a member of a congregation of said church, of which defendant was, and now is, the pastor, and of which plaintiff was then a trustee. On December 25, 1883, the said Fredricka…

1Opinion of the CourtMoran, J.

In the view we take of this case we deem it necessary to consider only the propriety of sustaining the demurrer to the two additional counts set forth in full in the statement of facts.

In an action for slander, on demurrer to the declaration, the question for the court is whether the words set out are capable of the meaning ascribed to them. In determining that question the court is to regard the matter of inducement and colloquium set out in the declaration as true, and if in connection with the circumstances so set out the words charged are capable of bearing the inuendo, then the demurrer…

2Cases cited2 opinions

  1. Chace v. ShermanMassachusetts Supreme Judicial Court · 1876
  2. Brady v. RichardsonIndiana Supreme Court · 1862

3Cited by2 opinions

  1. Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
  2. Summit v. ZetterlundDistrict Court, S.D. Florida · 1923

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