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82 Ill. 202

Wallace v. Dixon

Illinois Supreme Court

Decided June 15, 1876

Illinois Supreme Court · decided 1876-06-15

Amos Watts, Judge, presiding. This was an action for slander, brought by the appellee against the appellant. The declaration contained two counts.

Cited by 2 later decisions — most recently February 1925

2 state decisions

Relies on Sanford v. Gaddis

Good law ✅— No negative treatment on recordhow we know

Decided 1876-06-15

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Mr. Justice Bbeese

¶1delivered the opinion of the Court:

¶2This was case, for slander, brought by Sarah B. Dixon, plaintiff, and against William W. Wallace, defendant.

¶3There were two counts in the declaration, and the general issue and three special pleas were pleaded. A trial was had, and a verdict rendered for the plaintiff, for one thousand dollars, one half of which was remitted by plaintiff.

¶4The point is made, on this appeal by the defendant, that the proofs do not sustain the charge in the several counts of the declaration, nor in either of them.

¶5We have examined the declaration and the evidence in connection therewith, and fail to find the charge sustained. The substance of the words charged must be proved. Proof of similar or equivalent words is not sufficient, as this court has often held. Slocumb v. Kuykendall, 1 Scam. 187; Sanford v. Gaddis, 15 Ill. 228; Baker et al. v. Young, 44 id. 42; and other cases.

¶6The allegations and proofs must coincide. Here, there is a wide departure, and the judgment must be reversed and the cause remanded.

¶7Judgment reversed.

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