Flagg v. Roberts

Citations

• 67 Ill. 485

Syllabus

<p>1. Change oe venue—waiver of defects in certificate. The defendant moved to strike a cause from the docket of the court to which the venue had been changed, for irregularities in the certificate of the clerk of the court in which the action originated. But it was shown that he had appeared in the court to which the cause had been sent, at a previous term; and excepted to the ruling of the court in suppressing a deposition; and, also, upon motion and affidavit, obtained a continuance: Meld, that his appearance at the preceding term, and the steps taken by him in the cause, were a waiver of any irregularities there might have been in the clerk’s certificate.</p> <p>2. Slandeb—whether the anger of party is allowable in justification or mitigation. The anger or passion of the defendant at the time of the publication of slanderous words, is no justification or mitigation of the damages, unless the passion was provoked by the plaintiff, and even then it can only be shown in mitigation of damages.</p> <p>3. Same—malice implied,. When slanderous words are published, such as impute the crime of perjury, the law will imply malice and a consequent injury. In such a case, anger affords no justification. It can only palliate the offense and reduce the damages where the plaintiff has provoked the slander.</p> <p>4. Same—as to the proof of the words chm'ged. In an action for slander, it is sufficient to prove the words charged, or enough of them to establish the slander charged in the declaration. It is not necessary to prove malice, but the jury may infer it from the proof of the words.</p> <p>5. Same —pecwiim'y circumstances. In slander, the jury may take into consideration the pecuniary circumstances of the parties in assessing damages; and where it appeared that the defendant was worth over $100,000, and that the plaintiff was a man in humble life, and the slander imputed to the defendant the crime of perjury in a suit of the plaintiff against the defendant to recover for h