Page v. Freeman
| Decision Date | 31 March 1854 |
| Citation | 19 Mo. 421 |
| Parties | PAGE, Respondent v. FREEMAN, Appellant. |
| Court | Missouri Supreme Court |
1. Under the new code, it is not necessary that facts should be stated in a pleading according to their legal effect.
2. Several parties engaged in an assault and battery, may be sued jointly or separately; but if separate suits are brought, the plaintiff will be put to his election between the judgments, as there can be but one satisfaction.
Appeal from St. Francois Circuit Court.
Noell & Beal, for appellant.
Gale, for respondent.
This was an action for an assault and battery. The petition stated that the defendant conspired with, aided and abetted a certain Jesse Edwards to assault, beat and otherwise ill-treat and abuse the plaintiff, and by and in consequence of such conspiracy, aiding and abetting by said defendant, he the said Jesse Edwards, did assault, beat and otherwise ill-treat and abuse said plaintiff, to the damage, &c. A demurrer was put in to this petition, which was overruled, and the defendant answered, denying the allegations therein contained. On a trial of the issue, there was a judgment for the plaintiff for the sum of $147 50. Afterwards, the defendant moved the court to compel the plaintiff to elect between the damages recovered in this action, and those recovered against Jesse Edwards in another action, for the same assault and battery, and produced a record showing a recovery against Edwards for the same cause, for the sum of two hundred dollars. This motion was overruled, and the defendant appealed.
1. By the common law, all were principals in an assault and battery, as in other trespasses. He who counselled, aided or assisted in any way the commission of the wrong, was, in the eye of the law, as much a principal as he who actually inflicted the blows, and the declaration against him who counselled or aided was, consequently, the same as against him who actually commited the violence. Chitty. 91. Canefox v. Chapman & Willes, 7 Mo. The petition of the plaintiff is clearly bad as a declaration at common law. According to its rules, it contains no cause of action. But the present practice act will support the petition, as it requires the truth of it to be supported by affidavit, and as there may be those who would be unwilling to swear to a statement of facts, represented according to their legal effect. It cannot be a matter of any consequence, as all of the old forms are done away with....
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Haggerty v. St. Louis, K. & N. W. R. Co.
...in creating a certain contract, instead of stating the evidence in detail; and this is good pleading. Pye v. Rutter, 7 Mo. 548; Page v. Freeman, 19 Mo. 421; Jones v. Louderman, 39 Mo. 287; Kansas City v. Johnson, 78 Mo. 661; Long v. Armsby Co., 43 Mo. App. 253. It would have been improper f......
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Moody v. Deutsch
...the writ to the Supreme Court, was evidence of his assent to the act. Perrin v. Claflin, 11 Mo. 13; Canifax v. Chapman, 7 Mo. 175; Page v. Freeman, 19 Mo. 421. The defendant, Loebenstein, by signing the attachment bond, became equally liable with defendant, Deutsch. Wetzel v. Walters, 18 Mo......
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Judd v. Walker
... ... Railroad, 144 Mo. 211; Buffalo L. Co. v ... Everett, 30 Hun 588; Kimball v. Harmon, 34 Md ... 407; Booker v. Puyear, 27 Neb. 346; Page v ... Parker, 43 N.H. 363; Laverty v. VanArsdale, 65 ... Pa. St. 507; Mail Co. v. Barnes, 64 L. R. A. 574 ... (2) Plaintiff's agreement to ... for the same wrong, but one satisfaction may be had. Such is ... the just and equitable rule of decision. [See Page v ... Freeman, 19 Mo. 421; Lovejoy v. Murray, 3 Wall ... 1, 70 U.S. 1, 18 L.Ed. 129.] In accord with these ... principles, it is obvious the precepts of natural ... ...
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Judd v. Walker.
...same or separate actions for the same wrong, but one satisfaction may be had. Such is the just and equitable rule of decision. See Page v. Freeman, 19 Mo. 421; Lovejoy v. Murray, 3 Wall. 1, 18 L. Ed. 129. In accord with these principles, it is obvious the precepts of natural justice alone r......