Whitney v. Allen

Citations

• 62 Ill. 472

Syllabus

<p>1. Libel—privileged- communication. On the trial of an action on the case for libel, the plaintiff offered in evidence a petition to the judge of the circuit court, signed by the defendant and others, charging the plaintiff with'gross neglect of his duty as State’s attorney of the circuit; with being wilfully and corruptly guilty of oppression in office, and of corrupt malfeasance in office; of taking bribes from parties accused and indicted, and in pursuance of corrupt agreements releasing them from prosecution, and containing many and various specific charges, and concluding by asking the judge to suspend the plaintiff from the discharge of the duties of his office until the grand jury could investigate the charges. The circuit court on objection refused to admit the same as evidence, on the ground that it was a privileged communication: Held, that the court erred in refusing to admit the same. It should liave been admitted, and then the question would be whether it was presented in good faith for the purpose of having a State’s attorney pro tem appointed to prepare and prosecute an indictment against the plaintiff, or prepared for a bad purpose and from malicious motives.</p>