Legal Opinion

McNamara v. King

Illinois Supreme Court

Decided December 15, 1845PublishedCited by 11 opinions

Trespass for an assault and battery, in the Kane Circuit Court, brought by the appellee against the appellant. The cause was heard before the Hon. John D. Catón and a jury, at the September term 1845, when a verdict and judgment was rendered for the plaintiff below for $650 damages.

1Opinion of the Court

The Opinion of the Court was delivered by

Treat, J.*

This was an action of trespass, assault and battery, commenced in the Kane Circuit Court, by George A, King against Charles McNamara. The defendant pleaded “ not guilty,” and several special pleas, on which issues were formed. The cause was tried by a- jury. On the trial, the Court allowed the plaintiff to prove that he was a poor man with a large family; and that the defendant was a wealthy man, with no children, and but a small family. The defendant objected to the introduction of this evidence. At the instance of the plaintiff, the Court…

2Cases cited3 opinions

  1. Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
  2. Coleman v. SouthwickNew York Supreme Court · 1812
  3. Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840

3Cited by11 opinions

  1. Hazelwood v. Illinois Central Gulf RailroadAppellate Court of Illinois · 1983
  2. Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
  3. Coleman v. AllenSupreme Court of Georgia · 1888
  4. Dailey v. HoustonSupreme Court of Missouri · 1874
  5. Beck v. DowellSupreme Court of Missouri · 1892

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