Legal Opinion

Brownback v. Frailey

Appellate Court of Illinois

Decided October 5, 1898PublishedCited by 15 opinions

Trespass, for assault vi et annis. Trial in the Circuit Court of . Shelby County; the Hon. Samuel L. Dwight, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

1Opinion of the Court

Mr. Presiding Justice Glenn

delivered the opihion of the court.

This is an action of tort. The jury found the appellant guilty and assessed damages in favor of the appellee at $900. A motion for a new trial was overruled and a judgment rendered on the verdict.

The declaration contains three counts. The first and second counts are in case, for consequential damages, and the third count is in trespass for an assault vi et armis. The first count is in substance:

That the defendant, on the 5th day of September, 1895, wickedly and wrongfully, intending to injure the plaintiff, then and there, in the…

2Cases cited3 opinions

  1. Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
  2. Stewart v. City of RiponWisconsin Supreme Court · 1875
  3. Oliver v. Town of La ValleWisconsin Supreme Court · 1875

3Cited by15 opinions

  1. Eick v. Perk Dog Food Co.Appellate Court of Illinois · 1952
  2. Engle v. SimmonsSupreme Court of Alabama · 1906
  3. Bowles v. MaySupreme Court of Virginia · 1932
  4. Bouillon v. Laclede Gas Light Co.Missouri Court of Appeals · 1910
  5. Johnson v. SampsonSupreme Court of Minnesota · 1926

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