Baldwin v. Hayden
Supreme Court of Connecticut
This was an action of assault and battery, tried at New-Haven, August term, 1826, before Lanman, J. The defendants pleaded Not guilty, with notice, that under this plea they should give in evidence certain matters in relation to a writing, owned and possessed by them, signed by Elizabeth Brooks, and witnessed by her sister, the plaintiff’s wife, which explained away and refuted certain slanderous stories, which had been in circulation relating to a minor daughter of one of…
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This was an action of assault and battery, tried at New-Haven, August term, 1826, before Lanman, J. The defendants pleaded Not guilty, with notice, that under this plea they should give in evidence certain matters in relation to a writing, owned and possessed by them, signed by Elizabeth Brooks, and witnessed by her sister, the plaintiff’s wife, which explained away and refuted certain slanderous stories, which had been in circulation relating to a minor daughter of one of the defendants, the sister of the other; with molliter mantis imposuerunt. On the trial, the plaintiff claimed to have…
1Opinion of the CourtPeters, J.
The facts stated in the motion presented to the judge on the circuit two questions. 1. Was the paper in question delivered by the defendants to the plaintiff to be carried away by him. 2. If not, did the defendants use more force than necessary to prevent it? But instead of submitting these questions to the jury, he instructed them, that if they should find this paper was peaceably in the plaintiff's hands, by the consent and delivery of the defendants, they had no right to use the violence proved, to recover it. This withdrew from the consideration of the jury the only questions of fact in…
2Cited by5 opinions
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