Whitaker v. Tatem
Supreme Court of Connecticut
Trespass for an assault and false imprisonment; brought to the Superior Court in Windham County, and tried to the jury before Sanford, J. Yerdict for the plaintiff against two of the defendants, and motion in error by them. The case is fully stated in the opinion.
1DissentLoomis, J.
I tliinlc the plaintiff has a clear legal right to retain his verdict and judgment for one hundred and seventy-five dollars damages against both defendants jointly.
In Gould’s Pleading, chap. 10, sec. 57, p. 522, it is said that “ a verdict finding the whole issue or the substance of it, is not vitiated by finding more; for the.finding of what was not in issue is but surplusage, and utile per inutile non vitiatur.” This proposition is well supported by the authorities. Bacon’s Abr., Verdict, N.; Bacon v. Callender, 6 Mass., 303; Halsey v. Woodruff, 9 Pick., 555 ; Currier v. Swan, 63 Maine, 323…
2Cases cited9 opinions
- Bacon v. CallenderMassachusetts Supreme Judicial Court · 1810
- Gregory v. FrothinghamNevada Supreme Court · 1865
- Nichols v. TurneySupreme Court of Connecticut · 1842
- Sherwood v. SherwoodSupreme Court of Connecticut · 1864
- Windham v. WilliamsMississippi Supreme Court · 1854
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