Davenport v. Silvey
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. It is the well-settled law of this State, that in actions for damages, growing out of assault and battery, and in civil actions generally, any evidence touching the character of either party to the suit, is clearly inadmissible, and cannot be inquired into, unless it is put in issue by the nature of the proceeding itself or has been first supported by the adversary.
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Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. It is the well-settled law of this State, that in actions for damages, growing out of assault and battery, and in civil actions generally, any evidence touching the character of either party to the suit, is clearly inadmissible, and cannot be inquired into, unless it is put in issue by the nature of the proceeding itself or has been first supported by the adversary. Boggs v. Lynch, 22 Mo. 563; Gutzmiller v. Lackman, 23 Mo. 168; Rogers & Gillis v. Troot’s Admr., 51 Mo. 474; Dudley v. McClure, 65 Mo. 241; Vawter v. Hultz, 112 Mo.…
1Opinion of the Court
GRAVES, J
Action for damages for alleged injuries received from an assault and battery.. Judgment went'for defendant in the lower court, and plaintiff has appealed. The amount sued for gives this court jurisdiction. The trial court struck out much of plaintiff’s petition, and we think rightfully so. Counsel for plaintiff no doubt reached the same conclusion, as the point seems to have been abandoned. The petition left, after having been pruned by the court, reads;
“Comes now the plaintiff and for his first amended-petition, in his cause of action vs. the defendant, James M. Silvey, says on…
2Cases cited14 opinions
- Fahey v. CrottyMichigan Supreme Court · 1886
- McQuiggan v. LaddSupreme Court of Vermont · 1906
- Galbraith v. FlemingMichigan Supreme Court · 1886
- State v. KennadeSupreme Court of Missouri · 1894
- Cummins v. CrawfordIllinois Supreme Court · 1878
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3Cited by14 opinions
- Martin v. YeohamMissouri Court of Appeals · 1967
- Rich v. CooperOregon Supreme Court · 1963
- Martin v. EstrellaSupreme Court of Rhode Island · 1970
- Cain v. SkillinSupreme Court of Alabama · 1929
- Linkhart v. SavelyOregon Supreme Court · 1951
9 more not listed; retrieve them via the Exa API.