5 Wend. 134 | N.Y. Sup. Ct. | 1830
By the Court,
A default in a case like this admits an assault and battery; but it does not, I apprehend, entitle the plaintiff to any thing more than nominal damages. It admits only the traversable allegations in the declaration. Neither the specific day when the injury was done, nor the circumstances of aggravation are traversable. They are not therefore admitted by the default. A plea in this case denying a battery on the second day of January, (that being the day