Spaids v. Barrett (57 Ill. 289, 1870)

Mr. Justice Thornton

delivered the opinion of the Court :

The question presented in this case, as to the sufficiency of the declaration, will be considered as on motion in arrest of judgment.

The demurrer was properly sustained to the second count. It is nothing more than a count in slander, based upon an alleged libellous affidavit, filed in a legal proceeding. Whatever is said or written in such proceeding, pertinent and material to the matter in controversy, is privileged, and no action can be maintained upon it. 1 Hill. Torts, 344; Warner v. Paine, 2 Sandf. 195; Garr v. Selden, 4 Comst. 91.

The first count alleges that the plaintiff was a dealer in oysters, and doing a large and lucrative business, and was indebted to appellees for transportation, &c., in the sum of $1,000, which he was able and willing to pay, and that they, maliciously intending to injure him and deprive him of his business, procured Barrett, one of appellees, to make an affidavit, and that he did make an affidavit that plaintiff was indebted to the express company in the sum of $2,996.30, for transportation,