Lewis v. Niles

1 Root 346

Opinion

Judgment — Motion in arrest insufficient; if there is any set of words laid in the declaration, which are actionable, the plaintiff hath right to recover, and the court will presume the jury have done right in the assessment of damages. Besides upon the whole view of the case it appears that the plaintiff has a good cause of action: further the defendant might have demurred to the insufficient sets of words, and put the question to the court.