Handy v. Johnson
Court of Appeals of Maryland
Appeal from the Circuit Court of Somerset county. This was an action of trespass vi et armis, by the appellee against the appellants. The declaration contains two counts; the first charging a joint assault and battery by the defendants, and the second a joint trespass in breaking and entering the plaintiff’s dwelling house.
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Appeal from the Circuit Court of Somerset county. This was an action of trespass vi et armis, by the appellee against the appellants. The declaration contains two counts; the first charging a joint assault and battery by the defendants, and the second a joint trespass in breaking and entering the plaintiff’s dwelling house. The defendants severed in their pleas and each pleaded non cal. to each count, and to the second they further pleaded leave and license to enter, given and granted by the plaintiff, on all which issues were joined. The defendants moved for a severance in the trial, but…
1Opinion of the Court
Le Grand, C. J.,
delivered (he opinion of this court.
This is an action of trespass for an assault and battery. The plaintiff, to sustain his case, proved by a competent witness, that sometime in December 1850, the appellants came to his dwelling house; that witness being in a neighboring shop, heard a tremendous to-do in the dwelling and angiy talk; that Handy, when witness entered the house, was standing over the bed in which the plaintiff, Johnson, was lying sick, and shaking his fist right into the face of the plaintiff and saying to him, if he did not make a compromise for the timber that…
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