Coles v. Carter
New York Supreme Court
Assault and battery, tried at the New-York circuit, October 13th, 1825, before Edwards, C. Judge. The plea was not guilty, with notice of son assault demesne, and molliter manus imposuit, in defence of the defendant’s possession.
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Assault and battery, tried at the New-York circuit, October 13th, 1825, before Edwards, C. Judge. The plea was not guilty, with notice of son assault demesne, and molliter manus imposuit, in defence of the defendant’s possession. After proof had been given at the trial, touching the assault, the defendant offered in evidence the record of a former recovery by him for an assault and battery, in an action in the common pleas oí New-York, by the defendant against the plaintiff’, and one Clason, in which the very question now in controversy was tried. The record was objected to as not between the…
1Opinion of the Court
Curia, per
Savage, Ch. J.
In the cases of Gardner v. Buckbee, (3 Cowen, 120,) and Burt v. Sternburgh, (4 *692Cowen, 559,) the rule, was recognized as sound law, which was very deliberately settled by the twelve judges in the Dutchess of Kingston's case; that the judgment of a court of concurrent jurisdiction, directly upon the point in issue, is, as a plea, a bar, or, as evidence, conclusive between the same parties, upon the same matter directly in question in another court.
If the jury, in this case, by their verdict, intended to negative the fact of the transaction being the same, it is certainly…
2Cases cited3 opinions
- Brown v. WildeNew York Supreme Court · 1815
- Dexter v. HazenNew York Supreme Court · 1813
- Fowler v. HaitNew York Supreme Court · 1813
3Cited by1 opinion
- Perkins v. WalkerSupreme Court of Vermont · 1847