Kistler v. Hereth

This was a suit by the appellant to recover damages for an assault and battery, alleged to have been committed upon him by the appellee, on the 5th day of September, 1874. The suit was commenced on the 13th day of July, 1877. To the appellant’s complaint the appellee answered in two paragraphs, in substance as follows :

1. A general denial; and,

2. That the cause of action, in appellant’s complaint men- ■ tioned, did not accrue within two years before the commencement of this suit.

The appellant replied to the second paragraph of answer in two paragraphs, of which the first was a general denial,…