Labar v. Koplin
New York Court of Appeals
This was an appeal from a judgment of the supreme court, at a general term held in the sixth district, affirming a judgment of a single judge, on a bill of exceptions taken at the trial. The action was for an assault and battery. The defendants severed in their answer denying the assault and battery, and each put in a further answer, equivalent to son assault demesne et molliter manus imjposuit, in defence of his person and in defence of his close.
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This was an appeal from a judgment of the supreme court, at a general term held in the sixth district, affirming a judgment of a single judge, on a bill of exceptions taken at the trial. The action was for an assault and battery. The defendants severed in their answer denying the assault and battery, and each put in a further answer, equivalent to son assault demesne et molliter manus imjposuit, in defence of his person and in defence of his close. The bill of exceptions showed that on the trial before the Hon. H. Gray, at the Tompkins county circuit, the plaintiff introduced one Jacob…
1Opinion of the CourtMullett, J.
The first poiut made by the appellants is that the judge who presided at the trial erred in refusing a nonsuit. According to the practice of the English courts, a plaintiff can not be non-suited on the trial against his assent, but may insist on the cause going to the jury, and thus take his chance of a verdict.. (Grah. Pr. 2d ed. 311, and the cases there cited!) With us, however, a plaintiff may be compelled to be nonsuited on the trial, *548[549] when the evidence offered by him is clearly insufficient to support his action, there being then no question of fact to be decided by the jury. This…
2Cases cited7 opinions
- Stuart v. SimpsonNew York Supreme Court · 1828
- Bates v. ConklíngNew York Supreme Court · 1833
- Blackley v. SheldonNew York Supreme Court · 1810
- Pratt v. HullNew York Supreme Court · 1816
- Root v. SherwoodNew York Supreme Court · 1810
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3Cited by2 opinions
- Bowen v. BowenIndiana Supreme Court · 1880
- Bowen v. BowenIndiana Supreme Court · 1881