Hoffman v. Eppers
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Kenosha County. Tbe action is to recover damages for an assault and battery alleged to bave been committed by tbe defendant upon tbe plaintiff. Tbe complaint sets out at considerable length tbe particulars of tbe alleged battery, and certain facts attending it, which are only material on tbe question of damages.
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APPEAL from tbe Circuit Court for Kenosha County. Tbe action is to recover damages for an assault and battery alleged to bave been committed by tbe defendant upon tbe plaintiff. Tbe complaint sets out at considerable length tbe particulars of tbe alleged battery, and certain facts attending it, which are only material on tbe question of damages. Tbe answer is, that “ tbe defendant is not guilty of tbe grievances in the plaintiff’s complaint alleged, or any or either of them, or any part thereof.” Tbe plaintiff objected, on the trial, to tbe admission of any evidence under tbe answer, on tbe…
1Opinion of the CourtLyoN, J.
I. No formula of a general denial is given in the statute, and hence any words which fairly import a denial of all the averments of the complaint, is a good general denial. We think such is the import of the answer in the present case. Certainly the pleader so intended it, and it is scarcely possible that the counsel for the plaintiff could have been misled by it. The answer is in the form of the general issue, under the common-law system of pleadings, in actions on the case for torts; and such form has a definite, well settled and well understood signification. Construed with a view to…
2Cited by1 opinion
- Fenelon v. ButtsWisconsin Supreme Court · 1881