Bundy v. Maginess
Citations
- 76 Cal. 532
- 18 P. 668
- 1888 Cal. LEXIS 927
Syllabus
<p>Assault and' Battery—Provocative Acts—Evidence. — In an action for an assault and battery, where the answer admits the assault, but alleges that it “was wholly provoked” by an insulting speech made by the plaintiff eo instanti, evidence is inadmissible on behalf of the defendant of other provocative acts of the plaintiff done before the time of the assault.</p> <p>Id. — Exemplary Damages when Recoverable—Punishment Criminally not a Bar.—Under section 3294 of the Civil Code, exemplary damages are recoverable for an oppressive or malicious assault upon the person; and the fact that the party committing the assault has been punished criminally therefor is no bar to their recovery in a civil action.</p> <p>Practice — Judgment—Verdict—Delay in Entry.—A judgment entered on a Monday upon a verdict rendered on the night of the preceding Saturday is not invalidated, under section 664 of the Code of Civil Procedure, by reason of the delay in its entry.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- defendant’s “first motion for new trial [was] styled ‘amendment to motion for new trial’”
- “Fulton may seek an out-of-time appeal in the trial court.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Foote
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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