McMartin v. Taylor
New York Supreme Court
This was an action of trespass, assault and battery, and false imprisonment, tried at the Saratoga circuit in December, 1844, before Willard, then one of the circuit judges. The defendants pleaded the general issue, and gave notice of a justification.
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This was an action of trespass, assault and battery, and false imprisonment, tried at the Saratoga circuit in December, 1844, before Willard, then one of the circuit judges. The defendants pleaded the general issue, and gave notice of a justification. On the trial it appeared- that at a regular camp meeting of the Methodist Episcopal Church, at Charlton, in September, 1844, the plaintiff and others were present, making disturbance at a late hour in the evening, against the known and published rules of the meeting, and refusing to desist or to leave the ground when requested ; that the…
1Opinion of the Court
By the Court, Willard, J.
We had no doubt, on the argument, that at the close of the proof, when the defendants’ counsel moved for the discharge of Goss and Banker, the evidence would have warranted the jury in acquitting all the defendants; and that the circuit judge would have been justified in nonsuiting the plaintiff The only question in the case is, whether the circuit judge erred in severing the defendants, and directing a verdict in favor of Goss and Banker, who, it appeared by the plaintiff’s own testimony, acted in obedience to the command, and in aid of, the defendant Taylor. Or, in…
2Cases cited4 opinions
- Stuart v. SimpsonNew York Supreme Court · 1828
- Bates v. ConklíngNew York Supreme Court · 1833
- Pratt v. HullNew York Supreme Court · 1816
- Brown, Hussey & Erith v. HowardNew York Supreme Court · 1817
3Cited by6 opinions
- Garlington v. PriestSupreme Court of Florida · 1869
- Tanzer v. BreenAppellate Division of the Supreme Court of the State of New York · 1909
- McDonald v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Bopp v. New York Electric Vehicle Transportation Co.New York Court of Appeals · 1903
- McDonald v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
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