 | Sir John Comyns - 1822 - 838 페이지
...thinking. — 5. That case was thus ; the defendant laid his hand upon his sword, saying to the plaintiff; if it were not assize time, I would not take such language from you ; it was adjudged that the act did not amount to an assault, for in that the intention to injure is... | |
 | Thomas Coventry, Samuel Hughes - 1832 - 672 페이지
...battery. Rex v. Colesworth, 6 Mod. 172. 8. But if a man merely lay his hand on his sword, saying, " if it were not assize time, I would not take such language," this is no assault Turbeville v. Savage, 1 Mod. 3. 9. So if the wife is assaulted and dies, no action... | |
 | Richard Burn - 1836 - 1178 페이지
...cases serve to explain a doubtful action ; as, if . Í . lays his hand upon his sword, and says, " If it were not assize time, I would not take such language from you." These words would prevent the action from being construed to be an assault, because they shew he had... | |
 | Henry Roscoe - 1840 - 908 페이지
...no present corporal injury, as where a person meeting another laid his hand upon his sword saying, " If it were not assize time I would not take such language from you ;" for it shows that lie had not a design to do the party any corporal hurt. Turbcrville v. Savage,... | |
 | Henry G. Cotton - 1845 - 570 페이지
...an assault. 1 Hawk., 134. 1 Bac. Ab., 2-13. And where a man, laying his hand upon his sword, said, if it were not assize time, I would not take such language from you, this was held to be no assault, for the words explained that he did not design to do him any corporeal... | |
 | Arkansas. Supreme Court - 1858 - 764 페이지
...is not his intention, there is no assault. Thus, where a man laid his hand on his sword, and said, " if it were not assize time, I would not take such language from you." So where a man raised his hand against another, within striking distance, saying at the same time,... | |
 | Benjamin Chaplin Pressley - 1848 - 552 페이지
...prevent it from being deemed an assault, as where A. laid his hand upon his Act explain- sword and said, "If it were not assize time I would not take such language from you." It was holden not to be an assault, on the ground that he did not design to do the other party any... | |
 | Edmund Hatch Bennett, Chauncey Smith - 1855 - 688 페이지
...break his neck. In the case put in Buller, NP 15, of a man laying his hand upon his sword and saying, " If it were not assize time I would not take such language," it is assumed 'that the action would amount to an assault if the words did not negative the intention.]... | |
 | Alexander Ralston Tiffany - 1859 - 656 페이지
...must co-operate with the act, to constitute an assault. If A. lays his hand upon his sword, and say to another, " if it were not assize time I would not take such language from you ;" this is not an assault, because it is obvious he did not at the time intend to do him any corporeal... | |
 | Joel Prentiss Bishop - 1865 - 806 페이지
...says, " Were you not an old man, I would knock you down ;4 or lays his hand on his sword, saying, " If it were not assize time, I would not take such language from you,"5 — he does not become chargeable with this offence. Where, however, a person within striking... | |
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If it were not assize time, I would not take such language from you... 
