Simson v. Hart
Court for the Trial of Impeachments and Correction of Errors
THE bill of the appellant (who was the plaintiff in the court below) stated, that in December, 1813, he obtained a judgment in the mayor’s court of the city of Nem-York against the respondent, and one Ephraim Hart, for 4,585 dollars and 43 cents damages and costs, for an assault and battery committed by them on the appellant; and that the respondent, at the same term of the same court, but after the judgment of the appellant, obtained a verdict against the appellant for 500…
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THE bill of the appellant (who was the plaintiff in the court below) stated, that in December, 1813, he obtained a judgment in the mayor’s court of the city of Nem-York against the respondent, and one Ephraim Hart, for 4,585 dollars and 43 cents damages and costs, for an assault and battery committed by them on the appellant; and that the respondent, at the same term of the same court, but after the judgment of the appellant, obtained a verdict against the appellant for 500 dollars, for an assault alleged to have been committed by the appellant upon ° . . 1 the respondent. That the appellant,…
1Opinion of the Court
Platt, J.,
(after stating the substance of the bill and answer.) According to the construction which was admitted on the argument, and which seems to me the most fair and obvious, the gravamen of the complainant’s bill is, not that the mayor’s *70court refused to take cognizance of his application for set-off; kut that it decided wrong upon the merits of that application.
There is no doubt that the equity powers of the mayor’s court, and of the court of chancery, are so far concurrent on ' this subject, as that either was completely competent to afford the relief prayed for in this bill. (Barker…
2Cited by73 opinions
- Bacon v. BaconCalifornia Supreme Court · 1907
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Duncan v. MagetteTexas Supreme Court · 1860
- Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
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