Legal Opinion

Ball v. Evening American Publishing Co.

Illinois Supreme Court

Decided December 15, 1908PublishedCited by 17 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. S. TuThill, Judge, presiding. This is an appeal by the Evening American Publishing Company from a judgment of the Appellate Court for the First District affirming a judgment for $1500 recovered against it in the circuit court of Cook county by Rose Ball, the appellee, in an action on the case for libel.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. S. TuThill, Judge, presiding. This is an appeal by the Evening American Publishing Company from a judgment of the Appellate Court for the First District affirming a judgment for $1500 recovered against it in the circuit court of Cook county by Rose Ball, the appellee, in an action on the case for libel. The declaration, which was filed on October 4, 1901, after alleging that plaintiff was a person of good name, credit and reputation and' deservedly…

1Opinion of the CourtJustice Scott

The refusal of the court tó direct a verdict for the defendant at the close of all the evidence is assigned as error. It was contended in support of that motion that the article was not libelous. Without entering at length into a discussion thereof, we are satisfied that if the publication set out in the narr. was published of and concerning the plaintiff an action lies for libel. It is also urged that the motion should have been allowed because there was a variance between the proof and the declaration, in this: that the declaration averred that the article in question was published of and…

2Cases cited6 opinions

  1. Van Vechten v. HopkinsNew York Supreme Court · 1809
  2. Nelson v. BorcheniusIllinois Supreme Court · 1869
  3. Prosser v. CallisIndiana Supreme Court · 1889
  4. Chicago & Alton Railroad v. RayburnIllinois Supreme Court · 1894
  5. Stokes v. Morning Journal Ass'nAppellate Division of the Supreme Court of the State of New York · 1901

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. New York Times Company v. SullivanSupreme Court of Alabama · 1962
  2. Insull v. New York World-Telegram CorporationDistrict Court, N.D. Illinois · 1959
  3. Spanel v. PeglerCourt of Appeals for the Seventh Circuit · 1947
  4. Ogren v. Rockford Star Printing Co.Illinois Supreme Court · 1919
  5. John v. Tribune CompanyAppellate Court of Illinois · 1960

12 more not listed; retrieve them via the Exa API.

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