Hawes v. O'Reilly
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE ERIE COUNTY. No. 895 January Term 1889, Sup. Ct.; court below, No. 88 February Term 1888, C. P. On December 10, 1884, John F. O’Reilly issued a writ of capias in trespass vi et armis against Charles L. Hawes to recover damages for an assault and battery, and on January 5, 1885, filed a declaration averring: “For that the said defendant heretofore, to wit, on or about the 18th day of November, A. r>. 1884, in the city of Erie, in the…
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ERROR TO THE COURT OE COMMON PLEAS OE ERIE COUNTY. No. 895 January Term 1889, Sup. Ct.; court below, No. 88 February Term 1888, C. P. On December 10, 1884, John F. O’Reilly issued a writ of capias in trespass vi et armis against Charles L. Hawes to recover damages for an assault and battery, and on January 5, 1885, filed a declaration averring: “For that the said defendant heretofore, to wit, on or about the 18th day of November, A. r>. 1884, in the city of Erie, in the county aforesaid, with force of arms made an assault upon the said plaintiff, and beat, wounded and ill-treated him, whereby…
1Opinion of the Court
Pee Ctjeiam:
The first and. second assignments are not in accordance with the rules. The third is assigned in such manner as to be insensible, unless we treat it as part of the first and second assignments, which was probably the intention. If we consolidate the three assignments, we learn that some one was asked the question, “ What was his bill ” ? Whose bill is not stated, but we can imagine the plaintiff below was asked the question, what his doctor’s bill was. The evidence was objected to ; the objection was overruled, and the answer admitted. What the answer was, the specification does…
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