Benson v. Arnold
Appellate Court of Illinois
Trespass on the Case, for libel. Error to the Circuit Court of McLean County; the Hon. Thos. F. Tipton, Judge, presiding. Statement oe'the Case. This is an action on the case for libel, commenced by J. M. Benson, J. T. Benson, Frank Benson and Nannie Benson against J. W. Arnold and J. P. Arnold.
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Trespass on the Case, for libel. Error to the Circuit Court of McLean County; the Hon. Thos. F. Tipton, Judge, presiding. Statement oe'the Case. This is an action on the case for libel, commenced by J. M. Benson, J. T. Benson, Frank Benson and Nannie Benson against J. W. Arnold and J. P. Arnold. The declaration alleged as the libelous matter a certain letter written to Rumsey, Lightner & Co., by the defendants, in which they defamed the character of the plaintiffs for integrity in business. To the declaration the defendants filed the general issue and several special pleas justifying the…
1Opinion of the Court
Mr. Presiding Justice Harken
delivered the opinion op the Court.
The motion of defendants in error to dismiss the writ of error for the reason that the judgment entered in the court-below, and which is brought here for review, is not final, must be overruled. The language employed in the order makes the judgment a final one for the costs of the suit. We are led to believe from a view of the entire record that the presiding judge considered the action of the plaintiffs in standing by their demurrer to the plea of the statute of limitations as an end to the case; and so it was, practically, if no…
2Cases cited5 opinions
- Blanchard v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1888
- North Chicago Rolling Mill Co. v. MonkaIllinois Supreme Court · 1883
- Mitchell v. MilhollandIllinois Supreme Court · 1883
- Swift & Co. v. FosterIllinois Supreme Court · 1896
- Chicago & Alton Railroad v. HenneberryIllinois Supreme Court · 1894