Macdougall v. Maguire
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action for assault and battery, without any averment of alia enormia, or any claim for injury to character. The alleged libel was published one day before the assault was committed. The defendant had judgment, and the plaintiff appealed.
1Opinion of the Court
By the Court, Sawyer, C. J.:
This is an action for assault and battery. The plaintiff testified as to the assault committed by the defendant, and stated, that, while making the assault, the defendant applied bad language to him. He was then asked to “state the exact language used by Maguire, the defendant, on that occasion.’’ The defendant objected on the ground of irrelevancy, and on the ground that, if the language was slanderous, it would form the subject matter of another distinct *279action, and could not be introduced under the pleadings to aggravate the damages, or for any purpose. The…
2Cases cited2 opinions
- Pattison v. RichardsNew York Supreme Court · 1856
- Barhyte v. HughesNew York Supreme Court · 1861
3Cited by18 opinions
- Vaughn v. JonasCalifornia Supreme Court · 1948
- Earl v. Times-Mirror Co.California Supreme Court · 1921
- Braithwaite v. AkinNorth Dakota Supreme Court · 1893
- Green v. UnderwoodCourt of Appeals for the Eighth Circuit · 1898
- Bourne v. BourneCalifornia Court of Appeal · 1919
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