Citations
- 127 Ill. App. 48
Full opinion text
Mr. Justice Creighton
delivered the opinion of the court.
This was an action in case, in the Circuit Court of St. Clair County, by appellant against appellee, to recover for slanderous words alleged to have been spoken by appellee, of and concerning appellant. A demurrer was interposed to the declaration and sustained by the court. Appellant elected to stand by his declaration, whereupon the court rendered judgment that appellee “go without day.” Appellant duly excepted.
The errors assigned are: “The court erred in sustaining the demurrer to the first and second .count of the amended declaration.” “The court erred in rendering judgment on the demurrer in favor of appellee.”
The amended declaration originally consisted of three counts, but appellant had dismissed as to the third. The case comes to us as though it had originally consisted of the first and second counts only of the amended declaration.
In the first count it is, in substance, averred that one John Maurer was lawfully in possession of a certain orchard, containing certain apple trees, upon which a certain quantity of apples were grown; that the said apples were of the value of $15, and were the property of the said Maurer; that the said apples had been feloniously stolen, taken and carried away, by some person or persons unknown; that before and at the. time of the speaking of the words complained of, appellee knew that said apples had been stolen, and that said theft was known to many of the inhabitants and citizens of the neighborhood where appellant resided; that prior to the speaking of such words appellant was of good name and reputation; that appellee, well knowing the premises, but contriving and maliciously intending • to injure appellant in his good name and to bring him into public scandal, infamy and disgrace, and to cause it to be suspected and believed that he was guilty of said theft, falsely and maliciously in the presence and hearing of said inhabitants and citizens, who then and there understood the language, in a loud voice spoke and published of and concerning the children of Charles Skaer, including appellant, who is one of said children, the false scandalous, malicious and defamatory words in the German language, that is to say: “Ich (meaning defendant) habe dem Charles Skaer seinen grossen und neuen Weber und Damm Wagen gesehen im Apfelgarten, too der Charles dem John Mcourer gerentet hat, und ieh (meaning defendant) habe gesehen, dass einer auf dem Baum war und die Aepfel gesehuetteli, und clem Skaer sein M.aedehen und Bub haben sie aufgelesen” in German, as follows: “So weit wie ich weiss, war Osear Skaer auf dem Baum gewesen.”
Which said German words signified and meant in the English language as follows: