Coble v. . Medley

There is but one question presented by this appeal: Is the plaintiff, on the instant record, entitled to execution against the person of two of the judgment debtors? We think not.

In the first place, it will be observed, there is no finding by the jury that the assault was committed wilfully or maliciously, but only wrong fully and unlawfully. True, the issue uses the expression, “as alleged in the complaint,” and the complaint contains an allegation of wilful and malicious injury, but in the reply this is reduced to an allegation of a grossly negligent injury. It would be highly technical to…