Chamberlin v. Murphy
Supreme Court of Vermont
Trespass for assault and battery on tlie person of Mary B.. Chamberlin, wife of Mansel Chamberlin, who at the time of said assault was the wife of Charles E. Gray, and was so at the time this suit was commenced. On the 14th day of August, 1865, the defendants filed the general issue and five special pleas in bar. On the 27th of January, 1866, the plaintiffs filed their replication thereto. At the December term, 1866, the case was set for trial, on calling the docket.
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Trespass for assault and battery on tlie person of Mary B.. Chamberlin, wife of Mansel Chamberlin, who at the time of said assault was the wife of Charles E. Gray, and was so at the time this suit was commenced. On the 14th day of August, 1865, the defendants filed the general issue and five special pleas in bar. On the 27th of January, 1866, the plaintiffs filed their replication thereto. At the December term, 1866, the case was set for trial, on calling the docket. On being called for trial, the defendants set it “ not for the jury.” At the close of the term, the defendants moved a…
1Opinion of the Court
The opinion of .the court was delivered by .
Steele, J.
When the defendants marked their cause “ not for the jury,” they thereby submitted that judgment should pass against them in case thpy should fail upon their motion for a continuance, which was Addressed to the discretion of the county court. They did fail, and accordingly a judgment was rendered. The defendants thus lost their legal right to a formal trial by either court or jury upon any branch of the case, eyen the damages. After this failure to sustain their motion, the court could render final judgment against them, causing the…
2Cases cited3 opinions
- Eastman v. GrantSupreme Court of Vermont · 1861
- Bradley v. ChamberlainSupreme Court of Vermont · 1859
- Barney v. GoffSupreme Court of Vermont · 1814
3Cited by29 opinions
- Dwy v. Connecticut Co.Supreme Court of Connecticut · 1915
- Gronquist v. OlsonSupreme Court of Minnesota · 1954
- Ellis v. EssonWisconsin Supreme Court · 1880
- Abb v. Northern Pacific Railway Co.Washington Supreme Court · 1902
- Holland v. Southern Public Utilities Co.Supreme Court of North Carolina · 1935
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