Hazell v. Shelby
Illinois Supreme Court
This was an action for libel by I-Iazell against Shelby. Shelby pleaded the statute of limitations, that he was not guilty, within one year of the time of the commencement of the suit. To which plea there was general demurrer, and joinder. The demurrer was overruled at May term, 1849. Oase was heard before Denning, Judge. The defendant in the Circuit Court sued out this writ of error. The error assigned, was the sustaining of the demurrer to the plea.
1Opinion of the Court
Opinion by TREAT, C. J.:
This was an action for libel. The defendant pleaded that the cause of action did not accrue within one year before the commencement of the suit. The Court overruled a demurrer to the plea, and judgment was entered for the defendant.
If the plea can be sustained, it must be on the ground that the cause of action is embraced by the 3d section of the 66th chapter of the Revised Statutes, which provides that “ every action upon the case for words shall be commenced within one year next after the words spoken, and not after.” This section is not broad enough to include…
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