Pulver v. Harris
New York Supreme Court
THIS is a motion to set aside the defendant’s default and an assessment of damages against him, and for other and general relief; on the ground that the action had been settled by the parties, and the claim and cause of action set forth in the complaint released and discharged by the plaintiff. The action was assault and battery.
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THIS is a motion to set aside the defendant’s default and an assessment of damages against him, and for other and general relief; on the ground that the action had been settled by the parties, and the claim and cause of action set forth in the complaint released and discharged by the plaintiff. The action was assault and battery. It was put at issue, and was tried at a former circuit, where a verdict was rendered in the plaintiff’s favor, for $600. Judgment was entered on the verdict, with $256.22 costs, in all $856.22, on the 24th of January, 1871. On appeal, the judgment was reversed and a…
1Opinion of the CourtBockes, J.
The former trial, verdict and judgment in this case are of no importance on this motion, for the reason that the judgment, on appeal, was reversed, and a new trial was ordered, with costs to abide the event. The case stands here as if no trial had been had at the time of the settlement by the parties.
The case then, briefly stated, is this: an action of assault and battery was pending, at issue and noticed for trial; when the parties settled the matter and the plaintiff executed to the defendant a release and-discharge, without consultation with, or notice to, his attorney, "to whom he had,…
2Cases cited7 opinions
- People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
- Curtis v. InneraritySupreme Court of the United States · 1848
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