Blin v. Campbell
New York Supreme Court
IN ERROR, on certiorari to a justice’s court, The defendant in error brought an action of trespass on the case, in the court below, against the plaintiff in error, and declared for an imury done by the defendant below, in firing a j j j o ^ pigt°l and w'ounding his leg.
Read the full summary
IN ERROR, on certiorari to a justice’s court, The defendant in error brought an action of trespass on the case, in the court below, against the plaintiff in error, and declared for an imury done by the defendant below, in firing a j j j o ^ pigt°l and w'ounding his leg. The defendant below pleaded in bar a former trial, and judgment, for the same cause of action, and proved that the plaintiff had brought an action of trespass before another justice, wherein he had complained of the same injury, and the justice, after having clear and explicit proof of the fact, gave judgment against the…
1Per curiam
The former action of trespass, for the same injury, was clearly an action for an assault and battery, of which the justice had no jurisdiction. It was a proceeding coram non judice, and, therefore, void. The justice did right in disregarding it as a nullity, although unreversed. The only question then is, whether this action of trespass on the case is not liable to the same objection of want of jurisdiction. ( From the authorities on the subject, it appears, that if the injury attributable to negligence, though it were immediate, the party injured has an election, either to treat the…
2Cited by12 opinions
- Bristol Manufacturing Co. v. GridleySupreme Court of Connecticut · 1859
- Johnson v. CastlemanCourt of Appeals of Kentucky · 1834
- M'Allister ex rel. Bulger v. HammondNew York Supreme Court · 1826
- Rieger v. Fahys Watch-Case Co.New York City Court · 1891
- Cahill v. WissnerAppellate Division of the Supreme Court of the State of New York · 1918
7 more not listed; retrieve them via the Exa API.