Charlesworth v. Tinker
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. The action below was brought by Martin Tinlcer and his wife Janette against Henry Charlesworth, for an assault and battery upon Janette.
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APPEAL from tbe Circuit Court for Dane County. The action below was brought by Martin Tinlcer and his wife Janette against Henry Charlesworth, for an assault and battery upon Janette. On the trial, Jonathan Carter, as a witness for the defendant, testified that he was present at the trial of the suit of the State of Wisconsin,'upon the complaint of Janette Tinlcer, against Henry Charlesworth, for an assault and ’ battery upon said Janette, committed at the house of said Charlesworth, September 10th, 1862, [being the same assault complained of in this action,] which' trial was held before M.…
1Opinion of the Court
By the Court,
Cole, J.
The only question in this case is the *635one arising upon the ruling of tbe circuit court excluding the evidence offered for the purpose of showing what the deceased witness, Mrs. Carter, testified to on the trial of the suit of the state upon the complaint of Janette Tinker against the plaintiff in error, before the justice. That was a prosecution on behalf of the state for an assault and battery upon Mrs. Tinker, which assault constitutes the cause of action in.this case. It is claimed that this evidence was properly excluded, because the .testimony of the deceased witness…
2Cases cited1 opinion
- Beals v. GuernseyNew York Supreme Court · 1811
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- Kreuger v. SylvesterSupreme Court of Iowa · 1897
- Metropolitan St. Ry. Co. v. GumbyCourt of Appeals for the Second Circuit · 1900
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