Gilbert v. Rounds
New York Supreme Court
Present, Gray, Mason and Balcom, Justices. The complaint contains these allegations, to wit “ That the defendant, on the third day of July, 1856, at Oxford, with force and arms, assaulted the plaintiff; and then and there, with great force and violence, seized and laid hold of the plaintiff; and then and there plucked, pulled and tore divers large quantities of hair from and off the head of the plaintiff; and then and there, with his fists, gave and struck the plaintiff…
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Present, Gray, Mason and Balcom, Justices. The complaint contains these allegations, to wit “ That the defendant, on the third day of July, 1856, at Oxford, with force and arms, assaulted the plaintiff; and then and there, with great force and violence, seized and laid hold of the plaintiff; and then and there plucked, pulled and tore divers large quantities of hair from and off the head of the plaintiff; and then and there, with his fists, gave and struck the plaintiff divers violent blows, and strokes, on and about his head, face and breast, and divers other parts of his body: and also then…
1Opinion of the Court
By the court—Balcom, Justice.
The statement of facts, in the complaint, constitutes but one cause of action. If the action could be tried upon the complaint and answer, the plaintiff would be entitled to a verdict for nominal damages, without-making any proof whatever; and the defendant could not deprive him of such a verdict by proving all the allegations contained in his answer.
The statement in the complaint, that the defendant, on the 3d day of July, 1856, at Oxford, with force and violence, assaulted the plaintiff, and seized and laid hold of the plaintiff, is not denied or avoided by any…
2Cases cited3 opinions
- Foster v. SmithNew York Supreme Court · 1833
- Bates v. LoomisNew York Supreme Court · 1830
- Green v. WillisNew York Supreme Court · 1828
3Cited by6 opinions
- Thompson v. LumleyNew York Court of Common Pleas · 1877
- Bartelt v. BraunsdorfWisconsin Supreme Court · 1883
- Foland v. JohnsonNew York Supreme Court · 1862
- Howell v. BennettNew York Supreme Court · 1893
- Keller v. FeldmanNew York Court of Common Pleas · 1893
1 more not listed; retrieve them via the Exa API.