Gilmer v. Eubank
Illinois Supreme Court
This was an action of slander, commenced by Wilson against Eubank in the Adams Circuit Court. There was a trial by jury, at November term, 1849, of the Adams Circuit Court, Minshall, J., presiding, and a verdict and judgment for defendant. Wilson brought the cause to this court by writ of error. During the pendency of the suit in the Supreme Court, Wilson died, and his administrator was made a party in his stead.
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This was an action of slander, commenced by Wilson against Eubank in the Adams Circuit Court. There was a trial by jury, at November term, 1849, of the Adams Circuit Court, Minshall, J., presiding, and a verdict and judgment for defendant. Wilson brought the cause to this court by writ of error. During the pendency of the suit in the Supreme Court, Wilson died, and his administrator was made a party in his stead. The words charged to have been spoken in the declaration, were, that the plaintiff had stolen a steer belonging to the defendant. The general issue was filed as the only plea. The…
1Opinion of the CourtTreat, C. J.
This was an action on the case for slander. The words laid in the declaration amounted to a charge of larceny. Plea, not guilty. The evidence tended to prove the speaking of the words as charged; and it did not appear that they were spoken in the heat of passion, or in the way of privileged or confidential communications. The court refused an instruction asked by the plaintiff, in these words: “ If the jury believe, from the evidence, that the defendant spoke and published the words charged in the declaration, the law presumes that the words were spoken maliciously, with a view to injure and…
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- Mitchell v. MilhollandIllinois Supreme Court · 1883
- Schofield v. BaldwinAppellate Court of Illinois · 1902
- Rausch v. AndersonAppellate Court of Illinois · 1898
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