Wollf v. Van Housen
Appellate Court of Illinois
Memorandum.—Trespass to the person. In the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Declaration in trespass; pleas, not guilty, etc; trial by jury; verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the October term, 1894. Reversed and remanded.
1Opinion of the CourtJustice Gary
The appellant sued the appellee in trespass, alleging an assault, and in one count charging a rape, and in a second an attempt at rape, and in a third a common assault.
On the merits of the case we express no opinion, but there are errors for which the judgment for the defendant below must be reversed.
First. The coúrt admitted the wife of the appellee as a witness for him, to deny that she made an exclamation to which the appellant had testified. Ho question is before us as to the admissibility of such exclamation, but admitting the wife as a witness was error. Poppers v. Wagner, 33 Ill. App.…
2Cases cited5 opinions
- Craig v. MillerIllinois Supreme Court · 1890
- Connelly v. SullivanAppellate Court of Illinois · 1893
- Lewis v. HooverIndiana Supreme Court · 1834
- Pennsylvania Co. v. VerstenAppellate Court of Illinois · 1891
- Poppers v. WagnerAppellate Court of Illinois · 1889
3Cited by2 opinions
- Sharp v. BrownAppellate Court of Illinois · 1953
- Ginsburg v. MorrallAppellate Court of Illinois · 1902