Wilson v. Middleton
California Supreme Court
Appeal from the Superior Court of the city of San Francisco. Wilson sued Middleton for an assault and battery, laying the damages at $20,000. The defendant answered, 1st. Denying the complaint. 2d. That the plaintiff had provoked the defendant by filing in the Probate Court a false and malicious affidavit, reflecting upon the defendant as administrator of Penalta.
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Appeal from the Superior Court of the city of San Francisco. Wilson sued Middleton for an assault and battery, laying the damages at $20,000. The defendant answered, 1st. Denying the complaint. 2d. That the plaintiff had provoked the defendant by filing in the Probate Court a false and malicious affidavit, reflecting upon the defendant as administrator of Penalta. On the trial, it appeared that the defendant had been fined for the assault and battery in question; and the defendant’s counsel asked the Court to charge the jury that they had no right to award exemplary damages for a personal…
1Opinion of the CourtChief Justice Lyons
This is an appeal from a final judgment taken since the 1st of July, 1851, at which time the statute prescribing the mode of bringing up causes on appeal became the law. No statement of the case containing the grounds on which the appellant relies for a reversal of the judgment of the Court below has been annexed to the record, but the judgment roll alone has been presented here. The latter disclosing no error, the judgment must be affirmed.
Dwinille for the appellants, filed a petition for rehearing, arguing against the exclusion of the affidavit, &c., from the record, at great length.
Feb.…
2Cited by11 opinions
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- Smith v. BagwellSupreme Court of Florida · 1882
- Hendrickson v. KingsburySupreme Court of Iowa · 1866
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