Clifford v. Drake

Citations

• 110 Ill. 135

Syllabus

<p>1. Biiili of exceptions—what it should contain. Where an article claimed to be libelous, offered in evidence and excluded by the court, is not set out in the bill of exceptions, this court can not say that it was proper evidence in the case, and its pertinency not appearing, this court can not hold it was error not to allow a witness to refresh his memory by examining such article.</p> <p>2. Evidence—refreshing memory of witness. Where an original manuscript article published in a newspaper is shown to be lost, the reporter, who wrote the same from a verbal interview with one who is sued for uttering alleged libelous matter in the same, may be shown such published article to refresh his memory as to what the defendant told him, if the article is libelous and set out in the declaration, and it is error to refuse to allow the witness to read the same for that purpose.</p> <p>3. Consent—waiver of error. Where counsel for both parties consent for the court to instruct the jury to find for the defendant, neither party can assign the ruling for error.</p>