Galbraith v. Fleming
Michigan Supreme Court
Error to Sanilac. (Wixson, J.) Trespass. Plaintiff brings error. The facts are stated in the opinion. Whether or not the plaintiff may have attacked the defendant at some previous time and place, or whether they have had trouble or not, could not be inquired into in this case : Lee v. Woolsey, 19 Johns. 319; Jarvis v. Manlove, 5 Harrington (Del.) 452 ; Willis v. Forrest, 2 Duer (N. Y.) 310; Collins v. Todd, 17 Mo. 537; Tyson v. Booth, 100 Mass. 258; Avery v. Ray et al., 1…
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Error to Sanilac. (Wixson, J.) Trespass. Plaintiff brings error. The facts are stated in the opinion. Whether or not the plaintiff may have attacked the defendant at some previous time and place, or whether they have had trouble or not, could not be inquired into in this case : Lee v. Woolsey, 19 Johns. 319; Jarvis v. Manlove, 5 Harrington (Del.) 452 ; Willis v. Forrest, 2 Duer (N. Y.) 310; Collins v. Todd, 17 Mo. 537; Tyson v. Booth, 100 Mass. 258; Avery v. Ray et al., 1 Mass. 11; Jacobs v. Hoover, 9 Minn. 204 ; Castner v. Sliker, 33 N. J. 95. The court erred in charging the jury as follows:…
1Opinion of the CourtMorse, J.
The plaintiff sued defendant in trespass for damages growing out of an alleged assault and battery. The jury found a verdict for defendant. Plaintiff brings error. *405Tlie plaintiff and defendant, who are brothers-in-law, met at the store of Jefferson Galbraith, at Amad ore, Sanilac county, on the fourteenth day of July, 1882. The plaintiff was at the rear end of the store, mailing some letters and reading newspapers, while defendant was sitting upon the counter in the front part of the store. The defendant called the plaintiff to account for some words claimed by him to have been spoken by the…
2Cases cited5 opinions
- Hurd v. PeopleMichigan Supreme Court · 1872
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- Morris v. MillerNebraska Supreme Court · 1909
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