65 Tenn. 340 | Tenn. | 1873
delivered the opinion of the court.
This was an action in which the plaintiff, in his declaration, alleges that the defendants, with force and arms, broke and entered a certain close and dwelling-house of the . plaintiff, and made a great noise and disturbance for a long space of time, to-wit, one day; and then and there took and carried off the plaintiff’s goods, to-wit, one pistol.
The proof shows that the defendants went to the
There being no allegation as to the violence inflicted upon the plaintiff as a ground of special damage, the plaintiff was not entitled to recover damages for this.
As to the vindictive damages claimed, this was a matter of discretion with the jury; and if the question was fairly left to them, we could probably not reverse for their failure to allow such damages.
The defendants pleaded, in addition to the pleas of not guilty and the statute of limitations, that they were justified under military orders issued by Colonel Patton, commanding the regiment, to which they belonged. Upon this there was issue. There was no proof of such order; but Colonel Patton was examined as a witness, and proved over the plaintiff’s objection that he gave instructions to his command to