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Wright v. Wright

Alfred A. Wright v. Gabriel K. Wright

Wright v. Wright, 30 Ill. App. 349 (1889)
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Court
Appellate Court of Illinois · State Appellate Courts
Decided
March 13, 1889
Judges
Garnett
Citations
30 Ill. App. 3491888 Ill. App. LEXIS 295
Headnotes
Libel—Abuse of Privilege. In an action for libel where the defense is based upon privilege, if there is evidence tending to sliow that the alleged privilege was used to gratify a malicious spirit, the plaintiff is entitled to have the case submitted to the jury.
Summary
Appeal from the Circuit Court of Cook County; the Hon. Egbert Jamieson, Judge, presiding.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Garnett

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Garnett, P. J. The only question in this case is disposed of hy the ruling in Wharton v. Wright [ante p. 343], Appellant in this declaration charges appellees with libel, and appellees defend on the ground that the communication was privileged. There was evidence tending to prove that the alleged privilege was used to gratify a malicious spirit, and appellant had the right to have the case submitted to the jury.

Repetition of what is said in Wharton v. Wright is unnecessary. The court erred in directing the jury to find the defendants not guilty. The judgment is reversed and the cause remanded.

Reversed and remanded.

How later courts describe this case

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1958: 119582026peak 1958 · 1

Relies on it most ⓘ

  1. Judge v. Rockford Memorial Hospital150 N.E.2d 202 (Ill. App. Ct. 1958)

Most recent

  1. Judge v. Rockford Memorial Hospital150 N.E.2d 202 (Ill. App. Ct. 1958)

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