Legal Opinion

Rhinehart v. Whitehead

Wisconsin Supreme Court

Decided September 22, 1885PublishedCited by 12 opinions

APPEAL from the Circuit Court for Oreen County. Action to recover damages for an assault and battery alleged to have been committed upon the plaintiff by the defendant Lem Whitehead by the advice and persuasion of his father, the defendant Henrry Whitehead, who'was present aiding and abetting in the assault.

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APPEAL from the Circuit Court for Oreen County. Action to recover damages for an assault and battery alleged to have been committed upon the plaintiff by the defendant Lem Whitehead by the advice and persuasion of his father, the defendant Henrry Whitehead, who'was present aiding and abetting in the assault. The plaintiff was a member of a brass band which, on the evening of the alleged assault, met for practice in the school-house of the district in which the defendants resided. The substance of the defendants’ answer is stated in the opinion. At the trial after the defense had rested, a…

1Opinion of the Court

Cole, O. J.

After a careful examination of the bill of exceptions, we fail to discover any error in this case which should reverse the judgment. There is much conflict in the testimony, and it is not easy to get at the real facts. Put the evidence as given on both sides, and the law applicable to it, seem to have been fairly submitted by the court below in its charge.

It is objected on the part of the defendants that improper *44testimony was admitted on the trial. For instance, it is said it was error for the court to permit evidence to he introduced, against defendants’ objection, as to other…

2Cases cited3 opinions

  1. Sexton v. RhamesWisconsin Supreme Court · 1860
  2. Hilmes v. StroebelWisconsin Supreme Court · 1883
  3. Farrell v. HennesyWisconsin Supreme Court · 1867

3Cited by12 opinions

  1. Marriott v. WilliamsCalifornia Supreme Court · 1908
  2. Hallum v. Village of OmroWisconsin Supreme Court · 1904
  3. Wirsing v. KrzeminskiWisconsin Supreme Court · 1973
  4. Winslow v. BrownCourt of Appeals of Wisconsin · 1985
  5. Roark v. GreenoSupreme Court of Kansas · 1900

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