Nay v. Byers
Indiana Supreme Court
APPEAL from the Henry Court of Common Pleas.
1Opinion of the CourtPerkins, J.
Suit for an assault and battery. Issues of fact. Trial by jury: verdict and judgment for the plaintiff for 500 dollars.
An instruction was asked and refused. The record does not purport to contain all the evidence; hence, we must presume the instruction was refused, because not correct as applicable to the case made by the evidence.
An instruction was given which, it is contended, was *413not justified by the evidence. Upon a case that the evidence might have made under the issues, the instruction would have been correct. The evidence not being in the record, we must presume such a case was made.
W.…
Also in this document: Per curiam.
2Cited by7 opinions
- Sherman v. StoryCalifornia Supreme Court · 1866
- McCourt v. Singers-BiggerCourt of Appeals for the Eighth Circuit · 1906
- Wheeler v. Abilene Nat. Bank Bldg. Co.Court of Appeals for the Eighth Circuit · 1908
- Roosevelt v. Missouri State Life Ins. Co.Court of Appeals for the Eighth Circuit · 1934
- Borkenstein v. SchrackIndiana Court of Appeals · 1903
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