Corning v. Corning
New York Court of Appeals
* Appeal from the general term of the Su- r * go preme Court, in the fifth district, where a judg- *- ment entered on a verdict in favor of the plaintiff, had been affirmed, on the plaintiff remitting a portion of the damages found. (Reported below, 1 Code Rep.
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* Appeal from the general term of the Su- r * go preme Court, in the fifth district, where a judg- *- ment entered on a verdict in favor of the plaintiff, had been affirmed, on the plaintiff remitting a portion of the damages found. (Reported below, 1 Code Rep. N. S. 351.) This was an action, by Louisa F. Corning against Richard S. Corning, for an assault and battery upon the plaintiff, at the city of Syracuse, in June 1849. The damages were laid in the complaint at $2000. The answer denied the allegations of the complaint, and averred that if there was any such assaulting and beating as…
1Opinion of the CourtJewett, J.
— All the issues made by the pleadings in this cause are impertinent and foreign to the merits of *98the controversy between the parties, except two; namely, the issue in respect to the commission of the trespass complained of, and the issue as to its having been accidental on the part of the defendant. On the trial, the defendant offered evidence to sustain these impertinent issues on his part, which the circuit judge excluded, thereby holding, that the court was not bound to try .such issues, although they had not been stricken out, but stood upon the record; and in that, I think, the judge…
2Cases cited8 opinions
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- Lee v. WoolseyNew York Supreme Court · 1822
- White v. . SpencerNew York Court of Appeals · 1856
- Jackson ex dem. Boyd v. LewisNew York Supreme Court · 1816
- Curtiss v. LawrenceNew York Supreme Court · 1819
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3Cited by1 opinion
- Naujokas v. CareyNew York Supreme Court · 1968