Elam v. Badger
Illinois Supreme Court
This was an action on the case, commenced by Malthace Badger, in the Clark Circuit Court, against James Elam, for an alleged defamation of the character of plaintiff by slanderous words spoken by defendant. The declaration contained two counts, each of which embraces divers sets of words, upon which the plaintiff seeks to maintain her action in that behalf.
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This was an action on the case, commenced by Malthace Badger, in the Clark Circuit Court, against James Elam, for an alleged defamation of the character of plaintiff by slanderous words spoken by defendant. The declaration contained two counts, each of which embraces divers sets of words, upon which the plaintiff seeks to maintain her action in that behalf. The first count, after setting out the formal inducement, proceeds with the colloquium, that “ on the day and year aforesaid, at the county and State aforesaid, in a certain discourse which the said defendant then and there had of and…
1Opinion of the CourtBreese, J.
Under our statute, (Scates’ Comp. 1137,) if any person shall falsely use, utter or publish words, which in their common acceptation shall amount to charging any person with having been guilty of fornication or adultery, such words so spoken shall be deemed actionable, and he, she or they, so falsely publishing, speaking or uttering the same, is deemed guilty of slander. In pleading, no reference need be made to the statute. It is a public law, and is knitted in with the charge.
The set of words in this declaration, which were proved, do, in their common acceptation, amount to a charge of…
2Cited by22 opinions
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- Ransom v. McCurleyIllinois Supreme Court · 1892
- State ex rel. Gibson v. FriedleyIndiana Supreme Court · 1893
- Schmisseur v. KreilichIllinois Supreme Court · 1879
- Wagner v. Milwaukee County Election CommissionWisconsin Supreme Court · 2003
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