Bellows v. Shannon
New York Supreme Court
The pleadings, and the questions raised upon them, may be briefly stated as follows: Declaration, trespass, assault and battery, at Starkey, Yates county. Pleas, 1. Not guilty; 2. Son assault demesne, alleging that the plaintiff, with a large stone in his right hand, broke and entered the 'defendant’s close and assaulted the defendant" with great violence and rudeness, disc.
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The pleadings, and the questions raised upon them, may be briefly stated as follows: Declaration, trespass, assault and battery, at Starkey, Yates county. Pleas, 1. Not guilty; 2. Son assault demesne, alleging that the plaintiff, with a large stone in his right hand, broke and entered the 'defendant’s close and assaulted the defendant" with great violence and rudeness, disc. Replication to the second plea, that the plaintiff was a constable of the town of Starkey, and had a peace warrant issued by a justice of the peace of that town against the defendant, and attempted, without force or…
1Opinion of the Court
By the Court,
Bronson, J.
When the plaintiff has the verdict, the defendant may move in arrest of judgment; but not for judgment non obstante veredicto. That is a motion which comes from the plaintiff when the defendant has the verdict. (Schermerhorn v. Schermerhom, 5 Wendell, 513.)
Where there are several pleas in bar, each going to the whole action, if the issue joined upon any one of them is found for the defendant, he is entitled to judgment as a matter of course, and notwithstanding all the other issues may be found for the plaintiff. One good bar to the action is enough. In this case, as…
2Cases cited5 opinions
- Schermerhorn v. SchermerhornNew York Supreme Court · 1830
- Arnold v. Steeves & FrostNew York Supreme Court · 1833
- Commonwealth v. FieldMassachusetts Supreme Judicial Court · 1816
- Willis v. GreenNew York Supreme Court · 1833
- Frost v. ThomasNew York Supreme Court · 1840