Birchard v. Booth
Wisconsin Supreme Court
ERROR TO ROCK CIRCUIT COURT. This was an action of trespass for assault and battery, com* menced originally in the County Court of Milwaukee county, by the defendant in error, against the plaintiff in error, and removed to the Circuit Court of Rock county. The suit was commenced on the 27th day of April, 1854, the same day of the assault complained. Plea general issue, with notice of special matter.
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ERROR TO ROCK CIRCUIT COURT. This was an action of trespass for assault and battery, com* menced originally in the County Court of Milwaukee county, by the defendant in error, against the plaintiff in error, and removed to the Circuit Court of Rock county. The suit was commenced on the 27th day of April, 1854, the same day of the assault complained. Plea general issue, with notice of special matter. Several exceptions were taken to the decisions of the court-below in relation to the admission of evidence, instructions to-the jury, and upon a motion for a new trial. On the trial the plaintiff…
1Opinion of the Court
By the Court,
Cole, J.
After having carefully examined all the points made by the counsel for the plaintiff in error, in this cause, we are unable to find any sufficient ground for reversing the judgment of the court below. Justice Walworth’s testimony was competent, and properly introduced. It showed the admission of the plaintiff in error of a fact, the establishment of which *72became very material upon the trial of the cause. As a general rule, the admissions of a party are admissible in evidence against him. But it is contended that these admissions or declarations of the plaintiff in error,…
2Cases cited5 opinions
- Armstrong v. PercyNew York Supreme Court · 1830
- Driggs v. DwightNew York Supreme Court · 1837
- Avery v. RayMassachusetts Supreme Judicial Court · 1804
- Maynard v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Rochester v. AndersonCourt of Appeals of Kentucky · 1809
3Cited by36 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Coleman v. AllenSupreme Court of Georgia · 1888
- Kiff v. . YoumansNew York Court of Appeals · 1881
- Tucker v. United StatesCourt of Appeals for the Seventh Circuit · 1912
- Bass v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
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