Joerns v. Irvin

I am unable to agree that the judgment should be affirmed without consideration of the bill of exceptions. In my opinion it was excluded erroneously, should be reinstated as part of the record, and the case should be set for argument upon the issues raised by appellant in the light of what it would disclose.

The judgment is for $3,800. The assault was not committed by appellant in person, but by her brother. Iler liability depends upon whether she instigated or induced him to make it. On the pleadings, she denies and appellee affirms that she did so. With obvious sincerity and a persistent,…