Willis v. Forrest
The Superior Court of New York City
Appeal by defendants from a judgment at, Special Term, in favor of plaintiff, for $2,852.29. A bill of exceptions was attached to the record. The action was for an assault and battery, committed by the defendant on the plaintiff, in the month of June, 1850. The defendant, in his answer, admitted that he had inflicted several blows upon the plaintiff, at the time and place mentioned in the complaint, but denied that he had done so without •provocation.
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Appeal by defendants from a judgment at, Special Term, in favor of plaintiff, for $2,852.29. A bill of exceptions was attached to the record. The action was for an assault and battery, committed by the defendant on the plaintiff, in the month of June, 1850. The defendant, in his answer, admitted that he had inflicted several blows upon the plaintiff, at the time and place mentioned in the complaint, but denied that he had done so without •provocation. The answer then proceeded to set up as a full justification and defence, and with details unnecessary to be stated, that the plaintiff’s…
1Opinion of the CourtBy the Court. Campbell, J.
This was an action for assault and battery, tried before one of the justices of this court and a jury in the spring of 1852, and a verdict rendered in favor of the plaintiff for $2500. A motion is now made on the part of the defendant, to set aside the judgment entered on the ground that the judge had erred in refusing the defendant permission to read the pleadings to the jury, and had excluded the evidence offered in mitigation of damages.
*317It was purely a matter of discretion with the judge whether he would allow the pleadings to be read. He might call upon the counsel to read them, or to…
2Cases cited1 opinion
- Lee v. WoolseyNew York Supreme Court · 1822
3Cited by6 opinions
- Scripps v. ReillyMichigan Supreme Court · 1877
- Tisdale v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1889
- Keiser v. SmithSupreme Court of Alabama · 1882
- Cummins v. CrawfordIllinois Supreme Court · 1878
- Hackman v. MaguireMissouri Court of Appeals · 1886
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