Jemmerson v. Kennedy

This was an action for assault and battery. The parties were

both members of the Seneca Nation of Indians. The jury estimated the damages of the plaintiff at the sum of $325. The only exception in the record is that taken by .the defendant to the denial of his motion for a nonsuit, which was made on the sole ground that the plaintiff had brought his action by attorneys other than the “attorneys for the Seneca Nation of Indians.” There are several reasons why the ruling excepted to was correct.

1. The defendant’s objection was, in effect, that the plaintiff had not legal capacity to sue; for,…