Legal Opinion

Bond v. Williams

Supreme Court of Missouri

Decided July 5, 1919PublishedCited by 23 opinions

Appeal from St. Louis City Circuit Court. — Eon. Thomas L. Anderson, Judge. (1) The court erred in striking out the words “aid, abet” in plaintiff’s amended petition. The rule is well settled that one who is present, aiding and abetting another who commits an assault is as much a principal as he who strikes the blow or fires the shot. Murphy v. Wilson, 44 Mo. 313; Gray v. McDonald, 104 Mo. 303; State y. Orrick, 106 Mo.

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Appeal from St. Louis City Circuit Court. — Eon. Thomas L. Anderson, Judge. (1) The court erred in striking out the words “aid, abet” in plaintiff’s amended petition. The rule is well settled that one who is present, aiding and abetting another who commits an assault is as much a principal as he who strikes the blow or fires the shot. Murphy v. Wilson, 44 Mo. 313; Gray v. McDonald, 104 Mo. 303; State y. Orrick, 106 Mo. Ill; Miles v. Lucas, 110 Mo. 219; Brouster v. Fox, 117 Mo. App. 711; Schraper v. Ostmann, 172 Mo. App. 610. (2) The court erred in allowing witness Marbury to testify to the…

1Opinion of the Court

WHITE, C.

Plaintiff brought this suit in the Circuit Court of the City of St. Louis, claiming damages for assault and battery. The petition alleged that on the 26th day of March, 1914, in the City of Farmington, the defendants unlawfully assaulted, beat and bruised the plaintiff, injuring him in a manner described. It was further alleged that the assault and battery were in pursuance of a conspiracy. Judgment was prayed for actual damages in the sum of five thousand dollars and punitive damages in the sum of ten thousand dollars.The defendants filed a general denial. On trial of the ease there…

2Cases cited18 opinions

  1. Maher v. PeopleMichigan Supreme Court · 1862
  2. Marriott v. WilliamsCalifornia Supreme Court · 1908
  3. Dailey v. HoustonSupreme Court of Missouri · 1874
  4. State v. GruginSupreme Court of Missouri · 1898
  5. Biggs v. StateSupreme Court of Georgia · 1860

13 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Castorina v. HerrmannSupreme Court of Missouri · 1937
  2. Tabler v. PerrySupreme Court of Missouri · 1935
  3. Clay v. OwenSupreme Court of Missouri · 1936
  4. Gilbert v. MalanMissouri Court of Appeals · 1937
  5. Meshane v. Second Street Co.Wisconsin Supreme Court · 1928

18 more not listed; retrieve them via the Exa API.

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