Dayharsh v. . Enos.
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the fifth district, where a judgment upon a verdict in favor of the plaintiff, in the county court of Madison county, had been affirmed. This was an action for an assault and battery, commenced in the county court, in September 1847. The declaration was in the usual form; to which the defendant pleaded the general issue, and son assault demesne; the replication traversed the latter plea.
Read the full summary
Appeal from the general term of the Supreme Court, in the fifth district, where a judgment upon a verdict in favor of the plaintiff, in the county court of Madison county, had been affirmed. This was an action for an assault and battery, commenced in the county court, in September 1847. The declaration was in the usual form; to which the defendant pleaded the general issue, and son assault demesne; the replication traversed the latter plea. After issue joined, the code of 1848 was passed, to take effect on the 1st July of that year, whereby the act of 1847, under which this suit was brought,…
1Opinion of the Court
This action was commenced in the county court of the county of Madison, and an issue of fact was joined therein before the adoption of the code. The legislature, in the adoption of the code, through inadvertence, omitted to give the county court authority to try causes in which issues of fact had been previously joined, by jury. (Code of 1848, secs. 32, 35, 36, 37, 38.) But by the provisions of the code (sec. 32) the court retained jurisdiction of such causes, and of the parties. This cause was tried in the county court by jury in September, 1848. The defendant appeared on the trial and…
2Cited by9 opinions
- Collinson v. Wier, New York County Courts1915
- Nowlin v. MelvinSupreme Court of Oklahoma · 1915
- People v. ThayerAppellate Division of the Supreme Court of the State of New York · 1909
- People ex rel. Ostwald v. CraverNew York Supreme Court · 1946
- People v. Bestle, New York County Courts1960
4 more not listed; retrieve them via the Exa API.