Macdougall v. Maguire

Citations

• 35 Cal. 274

Syllabus

<p>Evidence in Suit for Assault and Battery.—In an action to recover damages for an assault and battery, the language of the defendant, while committing the assault, is admissible in evidence for the purpose of characterizing the act, as bearing on the question of malice.</p> <p>Damage for Libel not a Counterclaim. — In an action for damages for an assault and battery, a libel published by the plaintiff of and concerning the defendant, does not constitute a counterclaim within the meaning of section forty-seven of the Practice Act.</p> <p>Idem.— When a libel is set up in the answer as a counterclaim in an action for an assault and battery, the objection to such counterclaim is not waived by a failure to demur, and evidence to support it is inadmissible.</p> <p>Effect of Testimony.—When testimony is ruled out by the Court for one purpose but admitted for another, the jury can only consider it for the purpose for which it was received.</p>