Bakeman v. Rose
New York Supreme Court
Error from the Oswego common pleas. Eliza Pooler, now the wife of Henry D. Rose, brought an action of assault, battery and false imprisonment against Bakeman, and in the declaration charged the defendant with the attempt to ravish.
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Error from the Oswego common pleas. Eliza Pooler, now the wife of Henry D. Rose, brought an action of assault, battery and false imprisonment against Bakeman, and in the declaration charged the defendant with the attempt to ravish. On the trial of the cause, the plaintiff proved, by one Sally Holton, the only witness introduced to maintain the action, three distinct assaults, batteries and false imprisonment committed on the plaintiff by the defendant : the first in May, the second in June, and the third in August, 1832. A number of witnesses called by the defendant testified that the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
On the supposition that an exception was taken to the charge of the court, I see no cause to find fault with it when understood as the court no doubt intended to decide. The idea of the court was, that when an equal weight of testimony is produced on either side and placed in opposite scales, no effect is produced. The maxim of law is “ponderantur testes, non numerantur ” 3 Stark. Ev. 470. The court considered the testimony of the defendant as neutralized by that of the plaintiff, and that therefore the witness stood unimpeached. The credibility of testimony depends…
2Cited by18 opinions
- People v. AbbotNew York Supreme Court · 1838
- People v. RectorNew York Supreme Court · 1838
- State v. LarkinNevada Supreme Court · 1876
- Kennedy v. UpshawTexas Supreme Court · 1886
- Hadjo v. GoodenSupreme Court of Alabama · 1848
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