Pyle v. Peyton

The appellant sued the appellee for damages alleged to have been sustained from an assault and battery committed by the appellee upon him “on December 22, 1894.” The appellee answered in six paragraphs, the fifth of which was as follows:

“For a fifth paragraph of answer this defendant alleges that on the 23d day of December, 1894, this plaintiff entered the business room of this defendant in a drunken and maudlin condition, and without invitation from the defendant; that immediately after entering said place of business this plaintiff unlawfully commenced breaking and damaging this defendant’s…