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117 Ind. 327

Sullivan v. Jones

Indiana Supreme Court

Decided February 14, 1889

Indiana Supreme Court · decided 1889-02-14

<p>Assault and Battery. — Complaint for Damages.— Venue. — A complaint for damages for assault and battery need not state tbe county in which the assault was committed.-</p>

Relies on Norris v. Casel · Benson v. Bacon

Decided 1889-02-14

Olds, J. —

¶1This is an action for damages for assault and battery. The only error assigned is, that neither paragraph of the complaint states facts sufficient to constitute a cause of action.

¶2The complaint is in two paragraphs, and, omitting the caption, the first paragraph is as follows:

"William C. Jones complains of John E. Sullivan, Thomas O’Neal, John Ferriter and Jerry Sullivan, and says that the defendants, on the 27th day .of August, 1886, in a rude, in*328solent and angry manner, unlawfully touched, struck, beat and wounded the plaintiff to his damage one thousand dollars. Wherefore said plaintiff demands judgment in the sum o.f one thousand dollars.”
Filed Feb. 14, 1889.

¶3The second paragraph cqntains the same material allegations of fact.

¶4The only objection urged to either paragraph of complaint is, that they do not state the venue, and no authorities are cited in support of this position of counsel.

¶5It is not necessary that they should do so. It is sufficient to allege the facts constituting the cause of action, and it is not necessary to state the county in which the unlawful acts were committed. Morris v. Casel, 90 Ind. 143; 2 Chitty Plead., 612; 3 Works Pr., pp. 28-29; Benson v. Bacon, 99 Ind. 156.

¶6There is no error in the record.

¶7Judgment affirmed, with costs, and five per cent, damages.

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