Wise v. Monteros

BERNSTEIN, Chief Justice.

Appellant was defendant -in an assault and battery action. Plaintiff received a verdict and judgment for $8,000, from which defendant appeals and asks for a new trial.

Plaintiff was a night clerk in the Montezuma Hotel in Nogales and defendant was. a regular customer at the hotel. They had been quarreling for some time and the tes-' timony is conflicting as to the background! of the animosity. Defendant claimed that plaintiff would call him at odd hours of the night to awaken him, but plaintiff claimed! that defendant was angry because plaintiff had once forgotten to…