Brewer v. Temple
New York Supreme Court
Demurrer to complaint. The complaint alleges that on the first day of November, 1856, the defendant, with loud, boisterous and abusive language, made an assault upon the plaintiff, and seized him by the body, neck and throat, and jammed and squeezed Ms throat, and then and there published and declared, in the presence and hearing of divers good and worthy citizens, of and concerning the plaintiff, these words: “you perjured yourself, and I will send you to the states…
Read the full summary
Demurrer to complaint. The complaint alleges that on the first day of November, 1856, the defendant, with loud, boisterous and abusive language, made an assault upon the plaintiff, and seized him by the body, neck and throat, and jammed and squeezed Ms throat, and then and there published and declared, in the presence and hearing of divers good and worthy citizens, of and concerning the plaintiff, these words: “you perjured yourself, and I will send you to the states prison,” and then and there pushed and jammed about the plaintiff; whereby the plaintiff was greatly injured in his person,…
1Opinion of the Court
Harris, Justice.
I think the demurrer is not well taken. The complaint in fact, contains but a single cause of action. The allegations relate to a single transaction. The complaint purports to give the history of one occurrence, and no more. This history embraces what was done and what was said upon the occasion. Bach constitutes a part of the res gestee. What is alleged to have been done, would, if established upon the trial, sustain an action for personal injury. What is alleged to have been said, would, if established upon the trial, sustain an action for injury to the reputation. The whole…
2Cited by5 opinions
- Bingham v. LipmanOregon Supreme Court · 1901
- Jones v. CortesCalifornia Supreme Court · 1861
- Anderson v. HillNew York Supreme Court · 1869
- De Wolfe v. AbrahamAppellate Division of the Supreme Court of the State of New York · 1896
- Gaillard v. CantiniCourt of Appeals for the Fourth Circuit · 1896