Legal Opinion
Galloway v. Pitman
Massachusetts Supreme Judicial Court
Decided November 15, 1807PublishedCited by 3 opinions
This was an action of trespass for an assault and battery. The defendants severally pleaded not guilty, and upon the first trial, the jury, finding them both guilty, assessed damages against them jointly, in the sum of ten dollars. The plaintiff reviewed the action, and at the last April term, in this county, the jury found Morbinger not guilty, and Pitman guilty, against whom they assessed damages in the sum of sixteen dollars and seventy-five cents.
1Opinion of the Court
The Court ordered judgment to be entered as follows:—
“ It is considered by the Court here that the said former judgment be reversed; and that no execution issue thereon; and that the said William Galloway recover against the said Michael Pitman, the sum of sixteen dollars and seventy-five cents, damage and costs. *360And that the said Jacob Morbinger recover his costs against the said William Galloway.”
Prescott and Story, for the defendants.
Note. The Court (absente Parsons, C. J.) declined giving an opinion whether the plaintiff was entitled to the costs of the original action, or of the review…
2Cases cited2 opinions
- Inhabitants of Billerica v. Inhabitants of CarlisleMassachusetts Supreme Judicial Court · 1806
- Lincoln v. GouldingMassachusetts Supreme Judicial Court · 1807
3Cited by3 opinions
- Crosby v. LovejoySuperior Court of New Hampshire · 1833
- Mason v. WaiteMassachusetts Supreme Judicial Court · 1823
- Thayer v. GoddardMassachusetts Supreme Judicial Court · 1837