Gunton v. Hughes
Appellate Court of Illinois
Action on the Case, for a libel. Trial in the Circuit Court of Cook County; the Hon. Elbridg® Hanectí, Judge, presiding. Judgment for defendants on demurrer to declaration. Appeal by plaintiff. This is an action for' libel against appellees. To the original declaration the defendants pleaded the general issue, statute of limitations and denial of joint liability.
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Action on the Case, for a libel. Trial in the Circuit Court of Cook County; the Hon. Elbridg® Hanectí, Judge, presiding. Judgment for defendants on demurrer to declaration. Appeal by plaintiff. This is an action for' libel against appellees. To the original declaration the defendants pleaded the general issue, statute of limitations and denial of joint liability. The plaintiff thereupon took leave to amend, and to the amended declaration defendants filed general and special demurrers. Afterward plaintiff took leave and filed a second amended declaration, to which the Circuit Court sustained a…
1Opinion of the Court
Mr. Presiding Justice Freeman
delivered the opinion of the court.
The second amended declaration to which the demurrer was sustained, alleges that “ said defendants did willfully, maliciously and fraudulently and with intent to injure the plaintiff, conceal from the plaintiff the fact that they had written and sent the aforesaid letters;” that defendants so concealed such fact “for more than one year, to wit, fifteen months,” and that the statements were made “ with the expectation of escaping liability for their said libelous acts and doings by concealing the same from the plaintiff, until the…
2Cases cited3 opinions
- Coryell v. KlehmIllinois Supreme Court · 1895
- Emory v. KeighanIllinois Supreme Court · 1878
- Hotaling v. HuntingtonAppellate Court of Illinois · 1896