Van Deusen v. Van Slyck
New York Supreme Court
IN ERROR to the court of common pleas of the county of Montgomery. This was an action of trespass for an assault and battery, brought by the defendants in error against the plaintiffs in error, to which the defendants pleaded the general issue jointly, and the cause was tried at the June term, 1817, of the court below. At the trial, after the plaintifís below had gone through with their evidence, the counsel for the defendants applied to thecourtfor the discharge of JohnG.
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IN ERROR to the court of common pleas of the county of Montgomery. This was an action of trespass for an assault and battery, brought by the defendants in error against the plaintiffs in error, to which the defendants pleaded the general issue jointly, and the cause was tried at the June term, 1817, of the court below. At the trial, after the plaintifís below had gone through with their evidence, the counsel for the defendants applied to thecourtfor the discharge of JohnG. VanDeusen, one of the defendants, on the ground that there was no proof against him, in order to give the other defendant…
1Per curiam
This case comes before the court on a writ of error to the common pleas of Montgomery county. It was an action of assault and battery; and upon the trial no evidence having been given against the defendant, John G. Van Deusen, application was made to the court for his discharge, that he might be examined as a witness for the other defendant. The court admitted that there was no testimony against him upon which he could be found guilty, but decided that they could not discharge him, because both defendants had joined in one plea. In this they erred. In actions for torts against several,…
2Cases cited1 opinion
- Wakely v. HartSupreme Court of Pennsylvania · 1814
3Cited by7 opinions
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- Cutter v. FanningSupreme Court of Iowa · 1856
- Beasley v. BradleyTennessee Supreme Court · 1852
- Hill v. RogersSupreme Court of Iowa · 1855
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