Mills v. . Carpenter
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Stanly County, at the Fall Term 1849, his Honor Judge Dick presiding. This was an action of trespass for an assault and battery, committed by the defendant on the plaintiff, to which the defendant pleaded the general issue. The plaintiff proved, that the defendant and his son and a number of other persons were assembled at a sale.
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Appeal from the Superior Court of Law of Stanly County, at the Fall Term 1849, his Honor Judge Dick presiding. This was an action of trespass for an assault and battery, committed by the defendant on the plaintiff, to which the defendant pleaded the general issue. The plaintiff proved, that the defendant and his son and a number of other persons were assembled at a sale. The son of the defendant became intoxicated, and made an attack on several persons, and behaved so badly, that a justice of the peace, present, ordered a constable to take the defendant’s son into custody. The constable…
1Opinion of the CourtNash, J.
This is an action of trespass for an assault and battery, to which the defendant pleaded the general issue. After the jury were charged with the cause and the evidence closed, the defendant moved the Court to non-suit the plaintiff, “because there was an error in one of the dates of the original writ.” The Court refused the motion, and very correctly. After pleading in chief the defendant came too late to make the objection.
The plaintiff on the trial, having produced evidence to prove the assault and battery, the defendant’s counsel, on his cross examination of the witnesses, endeavored to…
Also in this document: Per curiam.
2Cited by1 opinion
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