McClurkin v. Ewing

Citations

• 42 Ill. 283

Syllabus

<p>1. Bills of exceptions—their requisites. Unless a bill of exceptions shows on its face, that exception was falten to the judgment of the court in overruling a motion for a new trial, such judgment or opinion cannot be assigned for error.</p> <p>2. Although the record may show that a party excepted to the ruling of the court below in overruling a motion for a new trial, yet, if such ruling is not made a part of the bill of exceptions or preserved as a reason for reversing the judgment, it will not avail the party so as to bring the evidence to the consideration of the appellate court, even though it be preserved in the bill of exceptions.</p> <p>3. But, if the bill of exceptions shows that exception was taken to the giving of instructions, the ruling in that regard may be assigned for error, although it does not appear upon what grounds the motion for a new trial in the court below was based.</p> <p>4. Action for slander—of its standing in cowls. Malicious slander is an infamous offense, and the action for it has a status in a court of justice, as legitimate as any other action. It is neither favored nor flouted in law, but like all other actions must be tried on its merits. So it is not proper for a court to instruct the jury in an action of that character, that such suits are not favored in law.</p> <p>5. Eeeob will not always reverse. But, if such an instruction be given, at the instance of the defendant, and there appears to be a dearth of evidence on the plaintiff’s side, the error would not justify a disturbance of the verdict.</p> <p>6. Cbedebility of a witness—right of the ¡wry to judge. In an action for slander, where it appears that a witness for the plaintiff sought the defendant in order to get testimony from him, and then urged the suit, giving it as his opinion that the plaintiff had enough, after his own contributions, to hold the defendant, the jury have a right to set but small or no value on his statements.</p>