Pritchard v. Hewitt
Supreme Court of Missouri
Appeal from, DeKalb Circuit Court. — Hon. J. P. Grubb, Judge. (1)The court erred in refusing the seventh instruction prayed- for by the plaintiff. At common law, any person whatever, if an affray be made to the breach of the peace, may, without a warrant from a magistrate, restrain any of the- offenders in order to preserve the peace. Phillip v. Trull, 11 Johns. 486; Baynes v. Brewster, 2 Q. B. 376; Price r.
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Appeal from, DeKalb Circuit Court. — Hon. J. P. Grubb, Judge. (1)The court erred in refusing the seventh instruction prayed- for by the plaintiff. At common law, any person whatever, if an affray be made to the breach of the peace, may, without a warrant from a magistrate, restrain any of the- offenders in order to preserve the peace. Phillip v. Trull, 11 Johns. 486; Baynes v. Brewster, 2 Q. B. 376; Price r. Suley, 10 A. & Tin. 39. (2) The court erred in refusing the eighth instruction-, asked by plaintiff. State v. Peale, 85 Mo. 193 ; State v. Brown, 64 Mo. 367State r>. Underwood, 57 Mo. 40.…
1Opinion of the CourtBrace, J.
This was an action commenced by the plaintiff in the circuit court of DeKalb county, to recover damages of the defendant for maliciously assaulting, shooting, and wounding the plaintiff, which resulted in a verdict for the plaintiff for one dollar. The de-fence was son assault demesne. After an unsuccessful effort for a new trial, the plaintiff, having saved his exceptions, brings the case to this court by writ of error, and assigns for error: (1) That the court refused to give the instructions numbers seven and eight for plaintiff ; (2) that the court gave the instructions asked for the…
2Cases cited3 opinions
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Watson v. HarmonSupreme Court of Missouri · 1885
- Morris v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
3Cited by26 opinions
- Grodsky v. Consolidated Bag Co.Supreme Court of Missouri · 1930
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Tathwell v. City of Cedar RapidsSupreme Court of Iowa · 1903
- Consolidated Arizona Smelting Co. v. EgichArizona Supreme Court · 1920
- Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
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