Hilliard v. Beattie
Supreme Court of New Hampshire
Trespass, for assault and battery. Plea, son assault demesne; replication de injuria, on which issue was joined. The general issue was not pleaded.
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Trespass, for assault and battery. Plea, son assault demesne; replication de injuria, on which issue was joined. The general issue was not pleaded. The defendant claimed the right to open and close; but the court ruled that although no plea of the general issue had been actually filed, it must be regarded as filed, the special plea not having been filed within the time prescribed by the rules of court, and, against the defendant’s exception, gave the open and close to the plaintiff. One King, a witness called by tbe plaintiff, among other things testified that within a day or two after the…
1Opinion of the CourtStanley, J.
As a general rule, it is desirable, in determining who shall have the opening and close, to follow the rules of pleading, and give that right to the party upon whom, by those rules, the burden of proof is placed; but this rule is not without its exceptions, and a verdict is not ordinarily set aside for a ruling of the court giving the right to open and close to either party, and is not in any case unless it appears that injustice has been done. There being an absence of any evidence that injustice was done by the ruling on this point, this exception is not sustained. Boardman v. Woodman, 47…
2Cases cited6 opinions
- Day v. WoodworthSupreme Court of the United States · 1852
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Commonwealth v. CunninghamMassachusetts Supreme Judicial Court · 1870
- Ferguson v. StateIndiana Supreme Court · 1874
- Rolfe v. Inhabitants of RumfordSupreme Judicial Court of Maine · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Beckman v. SoutherSupreme Court of New Hampshire · 1895
- George v. FellowsSupreme Court of New Hampshire · 1880
- State v. LajoieSupreme Court of New Hampshire · 1929
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900