Wilborn v. Odell
Illinois Supreme Court
This was an action of trespass on the case for slander, commenced at the April term, 1861, of the Franklin Circuit Court, by Richard Wilborn, who was plaintiff in the court below, as well as in this court, against John Odell, defendant in this court. The declaration contains two counts. The first count contains the following words: “ Dick Wilborn (meaning the said plaintiff) has been stealing my (meaning the said defendant’s) corn.
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This was an action of trespass on the case for slander, commenced at the April term, 1861, of the Franklin Circuit Court, by Richard Wilborn, who was plaintiff in the court below, as well as in this court, against John Odell, defendant in this court. The declaration contains two counts. The first count contains the following words: “ Dick Wilborn (meaning the said plaintiff) has been stealing my (meaning the said defendant’s) corn. Wilborn (meaning the said plaintiff) stole my corn while I was gone to Shawneetown ; my wife (meaning defendant’s wife) saw him (meaning the plaintiff) steal my…
1Opinion of the CourtWalker, J.
There seems to be no rule better settled, than that to authorize a recovery in slander, the plaintiff must prove the words alleged, or such of them as will establish the slander charged. Other words, of like import and meaning, will not suffice. Nor is it sufficient that equivalent words or expressions are proved. But the rule does not require that all the words shall be proved, so that the slander is established by such as are laid. Nor will it be material that more words are proved than those laid in the declaration, if the additional words do not change the meaning, or do away with the…
2Cases cited1 opinion
- Norton v. GordonIllinois Supreme Court · 1854
3Cited by7 opinions
- Haub v. FriermuthCalifornia Court of Appeal · 1905
- Mauzy v. KinzelAppellate Court of Illinois · 1886
- Becker v. SchillerAppellate Court of Illinois · 1893
- Delatine v. KramerAppellate Court of Illinois · 1925
- Hill v. LefflerAppellate Court of Illinois · 1907
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