Legal Opinion

Seymour v. Bailey

Supreme Court of Georgia

Decided March 30, 1886PublishedCited by 4 opinions

Assault and Battery. Pleadings. Justification. Reasonable Doubts. Evidence. .Practice in Supreme Court.. Before Judge Estes. Madison Superior Court. September Term, 1885. John H. Bailey brought an áction against John W. Sey- ■ mour to recover damages’ for an assault and battery. The • jury found for the plaintiff $200.00. The defendant moved' for a new trial, which was refused, and he excepted. The > other facts sufficiently appear in the decision.

1Opinion of the Court

Jackson, Chief Justice.

1. The only error assigned worthy of consideration is,, that the court erred in not giving the plaintiff in error the *340right to open and conclude, it being .alleged that he had filed pleas of justification to the action of trespass for assault and battery. ' He had the right to open and conclude if he did file a proper plea of justification, and the question on which his right turns; is, are the pleas filed legal pleas of justification ? To make them such, they must admit the battery as alleged, or, to use the téchnical words, “ in manner and form” as averred in the…

2Cases cited1 opinion

  1. Ocean Steamship Co. v. WilliamsSupreme Court of Georgia · 1883

3Cited by4 opinions

  1. Albany Phosphate Co. v. Hugger Bros.Court of Appeals of Georgia · 1908
  2. Rigden v. Jordan & StewartSupreme Court of Georgia · 1888
  3. Berkner v. DannenbergSupreme Court of Georgia · 1903
  4. Clay v. BrownCourt of Appeals of Georgia · 1928

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