Daily v. Redfern
Montana Supreme Court
Appeal from the First District, Madison County. Judgment was rendered by Mubphy, J., in November, 1871, and tbe demurrer of Redfern to tbe complaint was sustained. Daily appealed. The facts appear in tbe opinion. Tbe only inquiry in this case is, whether facts enough to support tbe action are stated in any form. Buzzard v. Knapp, 12 How. Pr. 504; CH'aham v. Cameron, 13 id. 362. Appellant properly sued tbe respondents jointly.
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Appeal from the First District, Madison County. Judgment was rendered by Mubphy, J., in November, 1871, and tbe demurrer of Redfern to tbe complaint was sustained. Daily appealed. The facts appear in tbe opinion. Tbe only inquiry in this case is, whether facts enough to support tbe action are stated in any form. Buzzard v. Knapp, 12 How. Pr. 504; CH'aham v. Cameron, 13 id. 362. Appellant properly sued tbe respondents jointly. Barb, on Parties, 203, § 2; 2 Hill, on Torts, 292, § 9. Tbe question of conspiracy is immaterial in this action. Tbe respondents are liable, if they committed tbe acts…
1Opinion of the CourtWade, C. J.
This is an action to recover damages for an assault and battery. There was a demurrer to the complaint; demurrer sustained and judgment for defendants, and from this judgment plaintiff appeals to this court.
The complaint alleges : “The plaintiff in this action complains of John Redfern, Sr., and John Smith, the defendants herein, and for cause of action states, that heretofore, to wit: On November 23,1869, at and within the county of of Madison, and Territory of Montana, the defendants wrongfully and unlawfully made an assault upon said plaintiff, and then and there struck, kicked, beat,…
2Cases cited1 opinion
- Hambleton v. McGeeCourt of Appeals of Maryland · 1862
3Cited by1 opinion
- Wilson v. GehringMontana Supreme Court · 1968