Louder v. . Hinson
Supreme Court of North Carolina
This was an actioN of trespass, A. B., tried before Calb-avell, Judge, at the Eall Term, 1856, of Cabarrus Superior Court. , The plaintiff’s declared for an assault and battery upon the wife.
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This was an actioN of trespass, A. B., tried before Calb-avell, Judge, at the Eall Term, 1856, of Cabarrus Superior Court. , The plaintiff’s declared for an assault and battery upon the wife. Hinson, a constable, having process against Monroe Louder, a son of the defendant, and another, for a breach of the peace3 came in the night-time, with one Long, who is also a defendant, and two others, to the house of the plaintiff, at a late hour of the night, after the family had gone to bed, and en-quired for the son. He was answered by the father that the boy had gone to bed, and he did not wish him…
1Opinion of the CourtNash, C. J.
The action is trespass for an assault and battery upon the female plaintiff. In his charge, his Honor instructed the jury, that if they believed, from the testimony, that the parties sought the occasion, under color of process, to wreak their vengeance on the Louder family — to harrass and insult them, that it would be a case where they were allowed to give vindictive damages for the battery upon the feme plaintiff, if one had been committed. This charge is in exact conformity to the opinion expressed by the Judge below, before whom the case of Causee v. Anders, 3 Dev. and Bat. 246. In that…
2Cited by6 opinions
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- Smith v. WadeSupreme Court of the United States · 1983
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