Collier v. Moulton
New York Supreme Court
IN ERROR, from the court of common pleas of Rena~elaer county. llfoulton brought an action of assault and battery, against collier, in the court below. The declaration cornrnenced with, "for that whereas," &c. The defendant pleaded not guilty; and gave notice that he should give in evidence, son assault dernesne.
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IN ERROR, from the court of common pleas of Rena~elaer county. llfoulton brought an action of assault and battery, against collier, in the court below. The declaration cornrnenced with, "for that whereas," &c. The defendant pleaded not guilty; and gave notice that he should give in evidence, son assault dernesne. At the trial, the plaintiff proved, that the defendant was in the house of the plaintiff, and he ordered him to go out; and the defendant replied, he would when he was ready; on which, the plaintiff seized the defendant, and pushed him out of the house, and while the plaintiff was…
1Opinion of the CourtThompson, J.
The question arising out of the bill of exceptions in the court below, is, whether the testimony offered by the defendant, to show he had a right to enter and occupy the room in the house of the plaintiff below, where the assault and battery was committed, was improperly excluded ? The defendant below pleaded the general issue, and gave notice of son assault demesne. On the trial, the plaintiff proved, that he ordered the defendant out of his house, and on his refusing to go, gently laid his hands upon him to remove him. The defendant resisted, and struck the plaintiff. And to rebut this, the…
2Cited by2 opinions
- Brown v. BennettNew York Supreme Court · 1825
- Benson v. BennettSupreme Court of New Jersey · 1855