Harrison v. Wood
The Superior Court of New York City
Appeal from a judgment at special term in favor of the plaintiff. The action was to recover damages for an assault and battery, and was tried before the Chief Justice and a jury in October, 1852. The answer, after denying the assault and battery, set up as a defence, that the plaintiff in May, 1850, had commenced an, action in the Supreme Court for the identical cause of action set. forth in the complaint; that an issue of fact was joined thereon, and the same was brought to…
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Appeal from a judgment at special term in favor of the plaintiff. The action was to recover damages for an assault and battery, and was tried before the Chief Justice and a jury in October, 1852. The answer, after denying the assault and battery, set up as a defence, that the plaintiff in May, 1850, had commenced an, action in the Supreme Court for the identical cause of action set. forth in the complaint; that an issue of fact was joined thereon, and the same was brought to trial, and a judgment .rendered against the plaintiff in favor of the defendant. The record of this judgment was…
1Opinion of the Court
By the Court.
The dismissal of a complaint under the *52Code, in an action at law, we aré clearly of opinion has no other effect than that of a nonsuit under the former practice. There is a change of name, and nothing more. The Chief Justice was therefore correct in holding that the judgment in the former action which was relied on as- a defence, was no bar to the plaintiff’s recovery.
Whether an absolute bar may not be created by the dismissal of the complaint, when no other than equitable relief is sought, and the cause has been heard at special term, is a different question, upon which we are…
2Cited by5 opinions
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