Citations
- 119 Ill. App. 265
Full opinion text
Mr. Justice Myers
delivered the opinion of the court.
This is an action on the case by appellee against appellants to recover damages for an alleged libel and is based upon the following petition addressed to the mayor and city council of the city of Collinsville:
"Collinsville, III., August 21, 1901.
“To the Honorable Mayor and City Council :
“We, the undersigned voters of Collinsville, do hereby petition the City Council as follows: That whereas, our Police Magistrate, Tony O’Farrell, has been guilty of the most brazen malfeasance, allowing thugs, criminals and desperadoes of all character to escape without punishment; that whereas, our otherwise peaceful community is becoming a home and shelter for outlaws of the most desperate character, making life and property unsafe and without protection; and whereas, feeling that an emergency exists that our city needs immediate relief from this stfite of affairs; Be it resolved, that the City Council do hereby instruct the City Attorney, B. Guy Kneedler, to issue all complaints in behalf of the city and arraign all criminal disturbers of the peace, in fact any and all cases in which the City of Collinsville is involved, before such justice of the peace that he may deem of sufficient good standing and ability to enforce the laws and dignity of the City of Collinsville.”
This petition was signed by appellants and about one hundred and thirty others,. citizens of the city of Collins-ville, and was presented to the mayor and city council before whom it was read and on motion accepted, and the city attorney instructed to act in accordance with the prayer of the petition. The next morning following the action of the city council, the city attorney took from appellee all papers. Telating to pending city business and thereafter did not institute or prosecute suits in behalf of the city before appellee as police magistrate.
The declaration is in three counts and alleges that defendants (appellants) “wickedly and maliciously intending "to injure and destroy the good name, reputation and honor •of the plaintiff (appellee) in the discharge of his duties as police magistrate and to cause him to be regarded as guilty