Foster v. Hazen
New York Supreme Court
Demurrer to plea. The action was commenced in the court of common pleas of Monroe county in March, 1847, and became transferred into this court by the operation of the new constitution. The declaration contained four counts, all of which were for assault and battery and false imprisonment. The second and fourth counts, among other things, charged that the defendant “ then and there beat and bruised and ill treated the said plaintiff,” &c.
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Demurrer to plea. The action was commenced in the court of common pleas of Monroe county in March, 1847, and became transferred into this court by the operation of the new constitution. The declaration contained four counts, all of which were for assault and battery and false imprisonment. The second and fourth counts, among other things, charged that the defendant “ then and there beat and bruised and ill treated the said plaintiff,” &c. The defendant pleaded, first, not guilty, The plaintiff demurred to the said second plea, and assigned the following causes of demurrer : 1st. That said…
1Opinion of the Court
By the Court,
Welles, P. J.
The first cause of demurrer specified, is unfounded in fact. The summons required the defendant therein, Foster,) to appear, &e. to answer, &c. in a plea of trespass on the case, to the plaintiff’s damage, $100 or under, <fcc. The damages claimed did not exceed $100. The justice therefore had jurisdiction, so far as the question of the amount was concerned. The second cause of demurrer assigned is, that the plea does not show that the action, in which the summons, upon the return of which the warrant was issued, was brought before a justice of the town where either…
2Cases cited2 opinions
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