Legal Opinion

Walbridge v. Hall

Supreme Court of Vermont

Decided February 15, 1830PublishedCited by 7 opinions

Action of assault and battery and false imprisonment, wherein the plaintifl declared that the defendant, without any reasonable or probable cause, had made an assault on the plaintiff, and committed him to the common jail in Bennington, and there imprisoned him for the space of ten months and fifteen days. The defendant pleaded, 1st. the general issue ; 2d. accord and satisfaction; and 3d.

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Action of assault and battery and false imprisonment, wherein the plaintifl declared that the defendant, without any reasonable or probable cause, had made an assault on the plaintiff, and committed him to the common jail in Bennington, and there imprisoned him for the space of ten months and fifteen days. The defendant pleaded, 1st. the general issue ; 2d. accord and satisfaction; and 3d. That at the term of the Supreme Court holden at Manchester in the county of Bennington, in February, 1827, he the defendant recovered a judgemerit against said Wal-brfdge, in an action of trover, for…

1Opinion of the Court

The opinion of the Court was delivered by

Williams, J.

In this case JWr. Hall, the defendant, who is sued by the plaintiff for an assault and battery and false imprisonment, justifies under an execution issued on a judgement of this Court at their February term, 1827. The plaintiff contends that the judgement and execution will not protect the defendant, inasmuch as the Court had no jurisdiction of the case. The judgement has not been vacated nor set aside; but it is contended that by the statute passed in 1824, the jurisdiction of the action, in which the judgement was rendered,was taken from…

2Cases cited2 opinions

  1. Yates v. LansingNew York Supreme Court · 1810
  2. Wellington v. StrattonMassachusetts Supreme Judicial Court · 1814

3Cited by7 opinions

  1. In re DexterSupreme Court of Vermont · 1919
  2. Barber v. ChaseSupreme Court of Vermont · 1928
  3. Macon & Western Railroad v. DavisSupreme Court of Georgia · 1853
  4. Santerre v. SylvesterSupreme Court of Vermont · 1937
  5. White's Admr. v. WhiteSupreme Court of Vermont · 1916

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