Aulger v. Smith
Illinois Supreme Court
Writ of Error to the Circuit Court of Peoria county; the Hon. M. Williamson, Judge, presiding. This was an action of trespass vi et armis, brought by Aulger against Smith the defendant. The declaration charges the defendant with stabbing the plaintiff with a knife, and claims special damages. The defendant plead the general issue and son assault demesne. The plaintiff filed a replication de unjiuria—issue joined.
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Writ of Error to the Circuit Court of Peoria county; the Hon. M. Williamson, Judge, presiding. This was an action of trespass vi et armis, brought by Aulger against Smith the defendant. The declaration charges the defendant with stabbing the plaintiff with a knife, and claims special damages. The defendant plead the general issue and son assault demesne. The plaintiff filed a replication de unjiuria—issue joined. A trial was had before a jury, and the plaintiff, on the trial, proved that Cicero S. Burns was then dead, and that he had in his lifetime given his deposition in the cause, and that…
1Opinion of the CourtChief Justice Walker
•This was an action vi• et a/rmis, for an assault and battery. The declaration avers that defendant stabbed plaintiff with a knife. The general issue and a plea of son assault demesne were interposed, upon which issues were joined. A trial was had, resulting in a judgment in favor of defendant, to reverse which this writ of error is prosecuted.
On the trial below, the court permitted a witness to testify to a part of the evidence of plaintiff in error, given to the jury on a criminal trial for the same offense, but prevented him from testifying to the balance that was then said by plaintiff in…
2Cited by5 opinions
- Miller v. PeopleIllinois Supreme Court · 1905
- Crandall v. GreevesMissouri Court of Appeals · 1914
- Hutchings v. CorganIllinois Supreme Court · 1871
- Clark v. StetsonSupreme Judicial Court of Maine · 1915
- Millard v. MillardAppellate Court of Illinois · 1905