Legal Opinion

Cerveny v. Chicago Daily News Co.

Illinois Supreme Court

Decided October 31, 1891PublishedCited by 22 opinions

Writ of Error to the Appellate Court for the First District ;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. This is an action for libel.

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Writ of Error to the Appellate Court for the First District ;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. This is an action for libel. The declaration as amended' contains one count, which is as follows: “For that whereas, the said plaintiff, before and at the time of the committing by the defendant of the several grievances hereinafter mentioned, was a person of good name, credit and reputation in the county of Cook and State of Illinois, and before and at the time of the committing by the defendant of the several…

1Opinion of the Court

Per Curiam :

The demurrer admits all such facts alleged in the declaration as are well pleaded. (Gould’s Pleading, chap. 9, see. 4.) The declaration here alleges, with sufficient legal precision, that the defendant falsely and maliciously published of the plaintiff language, which is literally transcribed in the declaration, charging that the plaintiff is an “anarchist.” An anarchist is defined by Webster to be: “An anarch; one who excites revolt or promotes disorder in a State,” —and this we assume to be a sufficiently accurate definition of the word. It is, moreover, here alleged, that at…

2Cases cited1 opinion

  1. Stow v. ConverseSupreme Court of Connecticut · 1820

3Cited by22 opinions

  1. Newell v. Field Enterprises, Inc.Appellate Court of Illinois · 1980
  2. Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
  3. Spanel v. PeglerCourt of Appeals for the Seventh Circuit · 1947
  4. Ogren v. Rockford Star Printing Co.Illinois Supreme Court · 1919
  5. Tidmore v. MillsAlabama Court of Appeals · 1947

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