Jemmison v. Kennedy
New York Supreme Court
Appeal by the defendant from a judgment, entered on the verdict of a jury, rendered at the Erie Circuit, in the office of the clerk of the county of Erie.
1Opinion of the Court
Dwight, J.:
This was an action for assault and battery. The parties were both members of the Seneca Nation of Indians. The jury estimated the damages of the plaintiff at the sum of $325.
The only exception in the record is that taken by the defendant to the denial of his motion for a nonsuit, which was made on the sole ground that the plaintiff had brought his action by attorneys other than the “ attorneys for the Seneca Nation of Indians.” There are several reasons why the ruling excejited to, was correct :
1. The defendant’s objection was, in effect, that the plaintiff had not legal capacity…
2Cases cited1 opinion
- Jackson ex dem. Van Dyke v. ReynoldsNew York Supreme Court · 1817