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Strang v. Whitehead

12 Wend. 64
CourtNew York Supreme Court
DecidedMay 15, 1834
StatusPublished
Cited by9 cases

This text of 12 Wend. 64 (Strang v. Whitehead) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Strang v. Whitehead, 12 Wend. 64 (N.Y. Super. Ct. 1834).

Opinion

By the Court,

Savage, Ch. J.

The expenses incurred by Whitehead, consequent upon his arrest, were not stated in the declaration; and as it cannot be said that they were the legal and natural consequence of the arrest, the judge erred in receiving the testimony objected to. It is wrong to permit any evidence to be given to a jury but such as may properly influence their verdict. The admission of that objected to in this case was an infringement of this rule. The judgment must be reversed.

Judgment reversed, and venire de novo.

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Bluebook (online)
12 Wend. 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strang-v-whitehead-nysupct-1834.