{
  "id": 2479299,
  "name": "Cornelius Hurley, plaintiff in error v. Benjamin F. Marsh and Charles Marsh, defendants in error",
  "name_abbreviation": "Hurley v. Marsh",
  "decision_date": "1837-06",
  "docket_number": "",
  "first_page": "329",
  "last_page": "330",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Scam. 329"
    },
    {
      "type": "official",
      "cite": "2 Ill. 329"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "simhash": "1:2abbd42b0b57f09c",
    "word_count": 493
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  "last_updated": "2023-07-14T16:34:33.017060+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Cornelius Hurley, plaintiff in error v. Benjamin F. Marsh and Charles Marsh, defendants in error."
    ],
    "opinions": [
      {
        "text": "Lockwood, Justice,\ndelivered the opinion of the court:\nThis was an action for an assaidt and battery commenced in the Hancock Circuit Court. The declaration states that the defendants \u201c at the town of Montebello, in the county of Hancock, and within the jurisdiction of this Court, with force and arms made an assault on the plaintiff, and him then and there did beat,\u201d &c. On the trial, the plaintiff to maintain his cause of action, proved that the defendants committed an assault and battery upon the plaintiff; but the witness on being asked if the defendants committed the assault and battery within the town of Montebello, stated that the assault and battery were committed without the town of Montebello, about five miles off, but within the county of Hancock. Whereupon the defendants\u2019 counsel objected to any assault and battery being proved, unless they were committed within the town of Montebello; because the plaintiff had laid his venue to be \u201c at Montebello.\u201d This objection the Court below sustained, and non-suited the plaintiff. The cause is brought into this Court by writ of error, and the only question raised, is, whether the plaintiff was bound to prove an assault and battery within the town of Montebello.\nThe venue in an action for an assault and battery is transitory, and may be laid in the county where the action is brought, without rendering it necessary for the plaintiff to prove that the cause of action arose where laid. The words \u201c at Montebello, in the county of Hancock, and within the jurisdiction of this Court,\u201d are the usual words for laying the venue, and ought not to be construed to be descriptive of the place where the injury was committed. \u201cAt\u201d means either \u201cin\u201d or \u201cnear,\u201d and by considering it as laying a venue, and not descriptive of the place, no variance existed between the declaration and proof.\nThe Circuit Court erred in non-suiting the plaintiff.\nThe judgment below is reversed with costs, and the cause remanded for a new trial.\nJudgment reversed.\n2 East. 477; 4 Term. 557.",
        "type": "majority",
        "author": "Lockwood, Justice,"
      }
    ],
    "attorneys": [
      "J. W. Whitney, for the plaintiff in",
      "J. H. Ralston, for the defendant in error."
    ],
    "corrections": "",
    "head_matter": "Cornelius Hurley, plaintiff in error v. Benjamin F. Marsh and Charles Marsh, defendants in error.\nError to Hancock.\nThe venue, in an action for assault and battery, is transitory.\nWhere a declaration stated that the assault and battery were committed \u201c at Montebello, in the county of Hancock, and within the jurisdiction of this CourtHeld, that it was unnecessary to prove that the assault and battery were committed within the town of Montebello.\nThis cause was heard in the Hancock Circuit Court, at the April term, 1836, before the Hon. R. M. Young.\nJ. W. Whitney, for the plaintiff in\nerror cited the following authorities:\nStephen on Pleading 153-4; Idem. \u00a7 4, Rule 1, 297-312; Appendix to do. notes 60, 61, 262; R. L. 379-80, \u00a7 1, 2, 6; Norris\u2019 Peak, 292-3; Idem. 501; 1 Chit. Plead. 143.\nJ. H. Ralston, for the defendant in error.\nGale\u2019s Stat. 396-7."
  },
  "file_name": "0329-01",
  "first_page_order": 329,
  "last_page_order": 330
}