Barnes v. Martin
Wisconsin Supreme Court
ERROR to the Circuit Court for Walworth County. This was au actiou by Peter J. Martin and Barbara, bis wife, against Barnes, for an assault and battery upon tbe wife.
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ERROR to the Circuit Court for Walworth County. This was au actiou by Peter J. Martin and Barbara, bis wife, against Barnes, for an assault and battery upon tbe wife. Tbe answer was, 1. A general denial. 2. just before tbe time when, &c., said Barbara assaulted tbe defendant with a knife, and would have wounded him therewith, if be bad not immediately defended himself, wherefore be did defend himself, unavoidably bruising her a little, but doing her no unnecessary injury. 3. That at tbe time when, &c., tbe defendant was possessed of a certain close, and of a certain cow then being therein,…
1Opinion of the Court
By the Court,
Dixosr, C. J.
All the witnesses concur in saying that the plaintiff in error had taken up and was peaceably possessed of the cow at the time of the affray. The defendant in error Barbara came for and demanded that the cow be delivered up, which the plaintiff refused. She then went home, and soon afterward returned with a knife in her hand, avowing her purpose to take the cow by force. The plaintiff resisted, and it was in the prosecution of this unlawful enterprise that she received her injuries. For whether the plaintiff was authorized to take up the cow, and might lawfully…
2Cases cited3 opinions
- Marsh v. PotterNew York Supreme Court · 1860
- Lewis v. BabcockNew York Supreme Court · 1821
- Lockhart v. LukerMississippi Supreme Court · 1858
3Cited by21 opinions
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Coleman v. AllenSupreme Court of Georgia · 1888
- Duffies v. DuffiesWisconsin Supreme Court · 1890
- Gibson v. GibsonWisconsin Supreme Court · 1877
- Girard v. AndersonSupreme Court of Iowa · 1934
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