Legal Opinion
McBlain v. Edgar
Supreme Court of New Jersey
Decided March 4, 1901PublishedCited by 14 opinions
On error to the Cumberland Circuit Court, on action for assault.
1Opinion of the Court
The opinion of the court was delivered by
Fort, J.
The errors assigned are quite numerous, but only two of them need be here considered.
*635To the plaintiff's declaration the defendant, by his second plea, set up that for the offence which the plaintiff claimed damages against him (which was, in the criminal law, rape) he had been indicted by a grand jury of the county of Cumberland, and that this indictment was still pending and wholly undetermined against him, and that therefore plaintiff ought not to have her action, &c.
The affidavit of the defendant to sustain this plea proceeds, after stating…
2Cases cited4 opinions
- Hyatt v. AdamsMichigan Supreme Court · 1867
- Thayer v. BoyleSupreme Judicial Court of Maine · 1849
- Brunson v. MartinSupreme Court of Arkansas · 1856
- Newell v. CowanMississippi Supreme Court · 1855
3Cited by14 opinions
- State v. D'AdameSupreme Court of New Jersey · 1913
- In Re the Grand Jury Appearance Request by LoigmanSupreme Court of New Jersey · 2005
- Rutledge v. KraussSupreme Court of New Jersey · 1906
- Stevens v. Woodmen of the WorldMontana Supreme Court · 1937
- Woohyung Shim v. Kikkoman International Corp.District Court, D. New Jersey · 1981
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