Hockett & Uxor v Stegold & Ux'

JurisdictionEngland & Wales
Judgment Date01 January 1726
Date01 January 1726
CourtCourt of Common Pleas

English Reports Citation: 86 E.R. 290

IN THE COURT OF COMMON PLEAS

Hockett & Uxor
and
Stegold & Ux'

terming pasch.-e, anno 28 car. II. in commune banco. hockett & uxor versus stegold & Ux'. 1 Vent. 93, 328. 2 Mod. 66. 1 Show. 350. Trespass for assault, battery, and wounding of the baron and feme. Upon not guilty pleaded, the verdict was, as to the wife, guilty, and quoad residuum, not guilty. It was moved in arrest of judgment, that the baron and feme could not join in an action of trespass for beating them both. 2 Cro. 355, 655. 2. That there is nothing found as to the beating of the husband, and so an imperfect verdict; for the quoad residuum shall extend only to the other trespasses done to the wife. Yelv. 106. Vide lib. which goes to both points. But the whole Court were of an opinion, that the verdict cured this mistake in the action. 9 Ed...

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3 cases
  • Todd and his Wife against Redford
    • United Kingdom
    • High Court
    • 1 January 1796
    ...in cure of the wife as well as for the battery, and intire damages being given, it is bad for the whole; and cited 1 Sid. 328. Yelv. 106. 2 Vent. 29. 2 Cro. 625. 1 Lev. 3, but the husband should have sued alone for the money laid out in the cure. Raymond for the plaintiff said, he agreed, t......
  • Buckley and his Wife against Hale
    • United Kingdom
    • Court of the King's Bench
    • 1 January 1791
    ...the fault of joining husband and wife in an action for battery, ad damnum ipsorum ?' Ante 473. Post. 664. 1 Lav. 3. 1 Sid. 387. Hard. 166. 2 Vent. 29. Ld. Bay. 1208. Bull. N. P. 20, Salk. 119. 1 Com. Dig. 108. 576. Trespass by husband and wife, for breaking a close of the husband's, and for......
  • Anonymous (1726) 1 Vent 328
    • United Kingdom
    • Court of the King's Bench
    • 1 January 1726
    ...KING'S BENCH, EXCHEQUER, COURT OF CHANCERYAnonymus [328] terming pasch.e, anno 30 car. II. in banco eegis. anonymus. Antea 93. 2 Mod. 66. 2 Vent. 29. 1 Show. 350. In trespass of battery by baron and feme, for beating of them both. Upon not guilty, the verdict was for so much damage for beat......

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