Coffin v. Coffin
Massachusetts Supreme Judicial Court
Trespass for an assault and battery, brought originally at the Court of Common Pleas in Nantucket county, and, by appeal, to this Court. Upon the general issue pleaded, the plaintiff had recovered a verdict in both courts; and now B. Whitman, for the defendant, moves that judgment be arrested, on the ground that the declaration was insufficient.
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Trespass for an assault and battery, brought originally at the Court of Common Pleas in Nantucket county, and, by appeal, to this Court. Upon the general issue pleaded, the plaintiff had recovered a verdict in both courts; and now B. Whitman, for the defendant, moves that judgment be arrested, on the ground that the declaration was insufficient. The supposed defect in the declaration was, the' the plaintiff has declared, in an action of trespass for an assault ana battery, by way of recital only, and has not directly alleged any trespass to have been committed, but has declared for that…
1Opinion of the Court
The opinion of the Court was afterwards delivered as follows, by
Parsons, C. J.
This is an action of trespass for an assault and battery, and a verdict has been found for the plaintiff upon the general issue. The defendant now moves in arrest of judgment for a defect in the declaration. The defendant was attached to answer the plaintiff in a plea of trespass for that whereas [ *361 ] *the defendant, at the time and place mentioned, with force and arms committed the trespass complained of. It is said that this manner of laying the trespass is by way of recital, and not sufficiently certain and…
2Cases cited1 opinion
- Root v. ErdelmyerIndiana Superior Court · 1871
3Cited by6 opinions
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- Rutherford v. RainsTennessee Supreme Court · 1929
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