Reports of Cases Argued And Determined in the Supreme Court of the State of Illi
Reports of Cases Argued And Determined in the Supreme Court of the State of Illi
Illinois. Supreme Court
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In the case of Maitland v. Goldney (2 East, 438) the Court say, " Though the plaintiff need not prove all the words laid, yet he must prove so much of them as is sufficient to sus- 181 1S9 VANDALIA. Slocumb v. Kuykendall. tain his cause of action, and it is not enough for him to prove equivalent words of slander. " The case of Olmsted v. Miller (1 Wendell, 510) supports the same doctrine. This rule should be adhered to. Further relaxation would be attended, in my opinion, with infinite mischief.... The alle- gation and the proof should correspond ; yet if a party be charged with the speaking of one set of words, and the proof show another set, of an equivalent character, and that be ad- mitted to be sufficient to sustain the cause of action, how is the party to be prepared to defend himself ? If this latitude be indulged in, and proof of equivalent words be sufficient, how will the defendant be able to know what he must come pre- pared to meet? One set of words is charged, another is proved, and the party surprised and held answerable for what he might have rebutted or explained by testimony, had he had reason to suppose such proof would have been offered.
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