Paxton v. Boyer
Illinois Supreme Court
Appeal from the Circuit Court of Edgar county; the Hon. James Steele, Judge, presiding. This was an action of trespass, brought by George W. Boyer against James Paxton, for an assault and battery committed upon his person by the defendant. The declaration was in the usual form. The defendant pleaded the general issue, with which was filed a stipulation that all matters might be given in evidence that could be specially pleaded.
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Appeal from the Circuit Court of Edgar county; the Hon. James Steele, Judge, presiding. This was an action of trespass, brought by George W. Boyer against James Paxton, for an assault and battery committed upon his person by the defendant. The declaration was in the usual form. The defendant pleaded the general issue, with which was filed a stipulation that all matters might be given in evidence that could be specially pleaded. A trial was had, and the jury returned the following verdict: “We, the jury, find the defendant guilty, and assess the plaintiff’s damages at $450. We, the jury, find,…
1Opinion of the CourtJustice Breese
This is an action of trespass assault and battery, and verdict for the plaintiff for four hundred and fifty dollars damages. The jury further found this special verdict: That, from the evidence, the blow complained of was struck by the defendant without malice, and under circumstances which would have led a reasonable man to believe it was necessary to his proper self-defense. This verdict was found under the instruction of the court, that the jury might, in addition to a general verdict, find a special verdict embracing this proposition, or its converse, as permitted by the act of February…
2Cases cited1 opinion
- Morris v. PlattSupreme Court of Connecticut · 1864
3Cited by19 opinions
- Lewis v. Flint & Pere Marquette Ry Co.Michigan Supreme Court · 1884
- Askay v. MaloneyOregon Supreme Court · 1919
- Patterson v. KuntzLouisiana Court of Appeal · 1946
- Gilmore v. FullerIllinois Supreme Court · 1902
- Gesualdi v. Connecticut Co.Supreme Court of Connecticut · 1945
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