Appeal from the Circuit Court of Vermilion county; the Hon.
JOHN F. SPIVEY, Judge, presiding. Reversed as to judgment on
complaint. Affirmed as to judgment on counterclaim.
MR. PRESIDING JUSTICE CARROLL DELIVERED THE OPINION OF THE COURT.
This is an action brought against the Vermilion County Star, Fred Smith and Meyer Covins as defendants to recover damages for publication of an alleged libel. Before trial the complaint was dismissed as to the defendants, Vermilion County Star and Fred Smith.
The complaint is in two counts and in substance alleges that plaintiff was a city commissioner of Danville, Illinois for five years prior to April 6, 1953; that on April 7, 1953 he was nominated as a candidate for supervisor of the Town of Danville in said county; that on March 27, 1953 the defendants published the alleged libelous articles in a newspaper called the Vermilion County Star; that one of said articles, in the form of an advertisement, is as follows:
THAT didn't clear through City accounts though it paid for dogs bought from the City pound.
THAT Hap Gogerty mentioned in his Feb. 16 radio talk.
THAT was re-endorsed by Homer Abney, Gogerty's garbage superintendent, and cashed at a local store.
-------------------------------------------------- MORGANTOWN, IND., April 26, 1952 No. ____
71-8 First State Bank ____ 71
Pay to the Order of V.D. Seibert $45.00
no Forty-five and ......................... ___ Dollars 100
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