Fleming v. McDonald

On the 12th day of March, 1873, the appellant brought his action against the appellee and Peter Godfrey, for an assault and battery.

The complaint contains two paragraphs. The first paragraph alleges, “ that said defendants assaulted and beat the plaintiff, whereby,” etc.

The second paragraph alleges the same thing, with aggravation, and special damages, whereby, etc.

The appellee pleaded several paragraphs of answer, all of which were withdrawn, but the third paragraph, which is as follows:

That, in 1869, the appellant sued the appellee and Peter Godfrey, for the same trespass; that at the…