Legal Opinion

Simpson v. Perry

Supreme Court of Georgia

Decided April 15, 1851No. 92PublishedCited by 12 opinions

Trespass, in Cherokee Superior Court. Tried before Judge John H. Lumpkin, February Term, 1851. This was an action brought by William H. Perry against Isaiah Simpson and Stephen Edwards, for assault and battery. The verdict of the Jury was as follows: “ We the Jury, find Simpson, $150„ and Edwards, $100, and all the costs to be paid by Simpson and Edwards, and fifty dollars damages to be paid by Simpson.”

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Trespass, in Cherokee Superior Court. Tried before Judge John H. Lumpkin, February Term, 1851. This was an action brought by William H. Perry against Isaiah Simpson and Stephen Edwards, for assault and battery. The verdict of the Jury was as follows: “ We the Jury, find Simpson, $150„ and Edwards, $100, and all the costs to be paid by Simpson and Edwards, and fifty dollars damages to be paid by Simpson.” This verdict was returned to the Clerk during the recess of Court, and the Jury dispersed. Before the verdict was recorded, the Court permitted plaintiff to take an order to amend it, and it…

1Opinion of the Court

*509 By the Court.

Warner, J.

delivering the opinion.

[l.J The only question made by the record in this case is, as to the legal effect of the verdict returned by the Jury.

The defendants were sued jointly, as trespassers, for an assault f and battery. The evidence in the record shows, that Simpson^ was the principal trespasser. The verdict is in the following words and figures : “We the Jury, find Simpson, $150, and Edwards, $100, and all the costs to be paid by Simpson and Edwards, and fifty dollars damages to be paid by Simpson.”

The rule is, in an action for a joint tort against several defend-'?…

2Cited by12 opinions

  1. Durrett v. FarrarCourt of Appeals of Georgia · 1973
  2. McCalla v. ShawSupreme Court of Georgia · 1884
  3. Gazaway v. NicholsonSupreme Court of Georgia · 1940
  4. Hay v. CollinsSupreme Court of Georgia · 1903
  5. Dextone Co. v. Building Trades Council of Westchester CountyCourt of Appeals for the Second Circuit · 1932

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