Wallace v. Brown
Superior Court of New Hampshire
Trespass for an assault and battery. The action was commenced before a justice of the peace, from whose judgment the defendants claimed an appeal, and entered their appeal in this court at the present term. And now the defendants move that the cause be dismissed, because, as is alleged, the judgment was irregular and void. Before the justice, the defendants severally pleaded the general issue.
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Trespass for an assault and battery. The action was commenced before a justice of the peace, from whose judgment the defendants claimed an appeal, and entered their appeal in this court at the present term. And now the defendants move that the cause be dismissed, because, as is alleged, the judgment was irregular and void. Before the justice, the defendants severally pleaded the general issue. The judgment was that “the said Andrew D. Wallace recover against the said John Brown thirteen dollars thirty-three cents damages, and against the said Thomas S. Brown ten dollars damages, and against…
1Opinion of the CourtBell, J.
If, in an action of trespass against several defendants, the jury assess several damages, the plaintiff may enter a nolle prosequi as to one of the defendants and take judgment against the others; or he may enter a remittitur as to the lesser damages; or he may take judgment against all the defendants for the greater damages, de melioribus damnis, without entering a remittitur. 2 Tidd’s Prac. 805; Heydon’s case, 11 Co. 5; Walsh v. Bishop, Cro. Cha. 239, 243; Rodney v. Strode, Carth. 19; Sabin v. Long, 1 Wils. 30; Holley v. Mix, 3 Wend. 350; Halsey v. Woodruff, 9 Pick. 555; Johns v. Dodsworth,…
2Cases cited6 opinions
- Holley v. MixNew York Supreme Court · 1829
- Campbell v. HowardMassachusetts Supreme Judicial Court · 1809
- Bryant v. AllenSuperior Court of New Hampshire · 1833
- Trustees of Dartmouth College v. WoodwardSuperior Court of New Hampshire · 1817
- Snow v. PrescottSuperior Court of New Hampshire · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- L. K. Ladd, Inc. v. BauerSupreme Court of New Hampshire · 1973
- Underwood v. BaileySupreme Court of New Hampshire · 1875