Simpson v. Hart
New York Court of Chancery
THE bill stated, that the plaintiff recovered judgment in the mayor’s court of the city of New-Yorfc, in December, 1813, against the defendant, and E. Hart, for 4,585 dollars and 43 cents, damages, for certain assaults and batteries; that, afterwards, in the same term, the defendant, J. Hart, recovered judgment against the plaintiff for 500 dollars damages for certain assaults and batteries ; that on the 8th of January last, the plaintiff obtained an order to stay…
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THE bill stated, that the plaintiff recovered judgment in the mayor’s court of the city of New-Yorfc, in December, 1813, against the defendant, and E. Hart, for 4,585 dollars and 43 cents, damages, for certain assaults and batteries; that, afterwards, in the same term, the defendant, J. Hart, recovered judgment against the plaintiff for 500 dollars damages for certain assaults and batteries ; that on the 8th of January last, the plaintiff obtained an order to stay proceedings in the said causes, and applied, on due notice, to the mayor’s court to have the damages in the last-mentioned cause…
1Opinion of the Court
The Chancellor.
This is a motion to dissolve the injunction, and it necessarily involves the consideration of the main question arising upon the pleadings, viz. whether, after the decision in the mayor’s court, disallowing the set-off, this court ought now to interfere, and direct the judgment obtained by the defendant to be deducted from the amount of the judgment obtained by the plaintiff against the defendandt and his father, Ephraim Hart.
It is admitted that the question of the set-off was raised in the mayor’s court, upon the motion of the plaintiff, and that, upon a consideration “ of all…
2Cases cited1 opinion
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
3Cited by37 opinions
- Dodge v. GaylordIndiana Supreme Court · 1876
- Crim v. HandleySupreme Court of the United States · 1877
- Gray v. BartonMichigan Supreme Court · 1886
- Greenup v. CrooksIndiana Supreme Court · 1874
- Vardeman v. EdwardsTexas Supreme Court · 1858
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