Wright v. Wright

Decided March 13, 1889

Appellate Court of Illinois · decided 1889-03-13

<p>Libel—Abuse of Privilege.</p> <p>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.</p>

Cited by 1 later decisions — most recently May 1958

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-03-13

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Garnett, P. J.

¶1The 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.

¶2Repetition 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.

¶3Reversed and remanded.