Schneider v. Schultz

The Superior Court of New York City

Schneider v. Schultz

6 Sandf. 664

CourtThe Superior Court of New York City

DecidedOctober 25, 1851

StatusPublished

This text of 6 Sandf. 664 (Schneider v. Schultz) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schneider v. Schultz, 6 Sandf. 664 (N.Y. Super. Ct. 1851).

Pincite

Opinion

The complaint was for an assault and battery. Tbe answer denied tbe assault, &c., and then set forth that if there were any injury to the plaintiff it was occasioned by an assault which he previously made on the defendant. A motion was made to strike out the latter clause of the answer, which was granted by Mason, J., at chambers, with the concurrence of ail the justices. The judge said that where the assault was put in issue, the party could not plead a justification. If there were mitigating facts, he may give them in evidence on the trial.

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The complaint was for an assault and battery. Tbe answer denied tbe assault, &c., and then set forth that if there were any injury to the plaintiff it was occasioned by an assault which he previously made on the defendant. A motion was made to strike out the latter clause of the answer, which was granted by Mason, J., at chambers, with the concurrence of ail the justices. The judge said that where the assault was put in issue, the party could not plead a justification. If there were mitigating facts, he may give them in evidence on the trial.

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Bluebook (online)

6 Sandf. 664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schneider-v-schultz-nysuperctnyc-1851.