Curlin v. Battoe

Court of Appeals of Kentucky

Curlin v. Battoe

29 Ky. 336, 6 J.J. Marsh. 336, 1831 Ky. LEXIS 186

DecidedJune 25, 1831

StatusPublished

This text of 29 Ky. 336 (Curlin v. Battoe) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Curlin v. Battoe, 29 Ky. 336, 6 J.J. Marsh. 336, 1831 Ky. LEXIS 186 (Ky. Ct. App. 1831).

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Opinion

Chief Justice Robertson,

delivered the opinion of the court.

The second count charges a battery and imprisonment of the slave for the space of h°urs" There is nothing in the plea which can justify the imprisonment. If the defendant can justify the cause of action as set out in this count, he must '*■ stat'ng such fy<:ts *n his plea as will shew a right on his part to imprison the slave. If the slave was imprisoned by the defendant, but not f°r the twelve hours charged, he should aver the im* [337]*337prisonmnt he justifies to be the same in the deciaration supposed, and traverse the imprisonment therein set forth. The plea in the record is not drawn made applicable expressly to both counts. The pleader should make his defence apply directly to the whole, or part only of the cause of action set forth in the declaration, and not leave its application to inference.

Mills and Brozan for appellant; Morekead, for ap-pellee.

Wherefore, the judgment is reversed with costs, and the cause remanded for pleadings de novo.

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Chief Justice Robertson,

delivered the opinion of the court.

The second count charges a battery and imprisonment of the slave for the space of h°urs" There is nothing in the plea which can justify the imprisonment. If the defendant can justify the cause of action as set out in this count, he must '*■ stat'ng such fy<:ts *n his plea as will shew a right on his part to imprison the slave. If the slave was imprisoned by the defendant, but not f°r the twelve hours charged, he should aver the im* [337]*337prisonmnt he justifies to be the same in the deciaration supposed, and traverse the imprisonment therein set forth. The plea in the record is not drawn made applicable expressly to both counts. The pleader should make his defence apply directly to the whole, or part only of the cause of action set forth in the declaration, and not leave its application to inference.

Mills and Brozan for appellant; Morekead, for ap-pellee.

Wherefore, the judgment is reversed with costs, and the cause remanded for pleadings de novo.

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Bluebook (online)

29 Ky. 336, 6 J.J. Marsh. 336, 1831 Ky. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curlin-v-battoe-kyctapp-1831.