Murphy v. Wilson
Supreme Court of Missouri
Error to Fifth District Court. I. The plaintiff, in his instruction, sought to recover on a case not set up in his petition. The case made in plaintiff’s pleadings and that made in his instructions are totally different. The one charges defendant, and those acting in concert with him, with injuring plaintiff; the other seeks to recover for an injury committed by those acting against defendant, and actually trying to kill and murder him. (1 Van Sand.
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Error to Fifth District Court. I. The plaintiff, in his instruction, sought to recover on a case not set up in his petition. The case made in plaintiff’s pleadings and that made in his instructions are totally different. The one charges defendant, and those acting in concert with him, with injuring plaintiff; the other seeks to recover for an injury committed by those acting against defendant, and actually trying to kill and murder him. (1 Van Sand. PI. 249; Harris v. Han. & St. Jo. R.R., 37 Mo. 308-9.) H. A defendant is liable for the acts of others only when they act in concert with him, or…
1Opinion of the CourtWagner, Judge
The petition in this case states that on or about the 29th day of August, 1866, in the county of Caldwell, in the State of Missouri, and in a public street in the town of Breckenridge, the defendants, the Wilsons, together with Reese Tunks, Daniel Stubblefield, Henry Turpin, and others, unlawfully and without leave, and wrongfully, made an assault on the plaintiff; and that' Perry K. Wilson, one of the defendants, then and there shot and discharged a pistol loaded with powder and leaden bullets at and against the said plaintiff, and thereby, then and there, with the leaden bullet, struck and…
2Cases cited2 opinions
- Vandenburgh v. TruaxNew York Supreme Court · 1847
- Guille v. SwanNew York Supreme Court · 1822
3Cited by18 opinions
- Rogers v. RogersSupreme Court of Missouri · 1915
- Curlee v. DonaldsonMissouri Court of Appeals · 1950
- Briant v. GarrisonSupreme Court of Missouri · 1899
- Corn v. SheppardSupreme Court of Minnesota · 1930
- State v. GarzaSupreme Court of Kansas · 1996
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