Ously v. Hardin
Illinois Supreme Court
This is an action of trespass commenced to the Sept, term, 1857, of the Pike Circuit Court, by appellee against appellant and four others. The declaration charges the defendants with an assault and battery on plaintiff. Service on appellants only, who appeared and pleaded the general issue. The venue was subsequently changed to Adams, where the cause was tried at the March term, 1859; verdict and judgment against appellants for $600. Sibley, Judge, presiding.
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This is an action of trespass commenced to the Sept, term, 1857, of the Pike Circuit Court, by appellee against appellant and four others. The declaration charges the defendants with an assault and battery on plaintiff. Service on appellants only, who appeared and pleaded the general issue. The venue was subsequently changed to Adams, where the cause was tried at the March term, 1859; verdict and judgment against appellants for $600. Sibley, Judge, presiding. The bill of exceptions shows, that on the trial, plaintiff produced evidence tending to show that defendants charged him with having…
1Opinion of the CourtBreese, J.
Trespassers are jointly and severally liable, and may be so charged and found. When parties have combined for a bad purpose, the acts and declarations, and knowledge of any one of the combination, may be chargeable upon the whole. Therefore, the knowledge that one of the defendants had, that their victim was of weak and unsound mind, is imputable to the other defendant, and he must be charged with that knowledge. They were associated for a bad purpose—were partners in a lawless transaction, and must be responsible to every extent.
The only exception taken, or objection made, is to these…
2Cited by13 opinions
- Gaff v. GreerIndiana Supreme Court · 1882
- Ramsey v. HicksIndiana Supreme Court · 1910
- Christian Church of Sand Creek v. Church of Christ of Sand CreekIllinois Supreme Court · 1906
- Alden v. St. Peter's ParishIllinois Supreme Court · 1895
- Kuns v. RobertsonIllinois Supreme Court · 1895
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