French v. Ware
Supreme Court of Vermont
The first of these cases was an action for assault and battery. Pleas, not guilty, with special pleas in bar. Trial by jury at the March term, 1891, Taft, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts.
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The first of these cases was an action for assault and battery. Pleas, not guilty, with special pleas in bar. Trial by jury at the March term, 1891, Taft, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The evidence of the plaintiff tended to show that on the 29th day of June, 1889, his wife left his own house with his child, less than two years of age, and went to the house of the defendant, John H. Ware; that she remained there until July 12, following, with the child; that upon that day-he went to the house of the said defendant, took his child, and started to…
1Dissent
*352Dissenting opinion by
THOMPSON, J.
I am unable to concur in the conclusion of a majority of this court, that the court below erred in its action with respect to the defendant’s first and second requests to charge in the case of French v. Ware et als.
The evidence of the plaintiff tended to show that on the 12th day of July, A. D. 1889, he resided in Townshend, and about a quarter of a mile southerly of defendants Ware; that early in' the forenoon of that day he went to the house of the Wares and took a child of his, less than two years of age, and walking in the road started for his own house.…
2Cases cited19 opinions
- United States v. Bank of the MetropolisSupreme Court of the United States · 1841
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Southern Railroad v. KendrickMississippi Supreme Court · 1866
- Rea v. HarringtonSupreme Court of Vermont · 1885
- State v. BenhamSupreme Court of Iowa · 1867
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