M'Ilvoy v. Cockran

Judge Owsley

delivered the opinion of the court.

This is an appeal from a judgment recovered by Cockran in an action of trespass, assault and battery, brought by him against M'Ilvoy.

The declaration charges M’Ilvoy of having, with force and arms, to wit: with sticks, clubs, fists, hands and feet, made an assault upon, and beat, wounded and illy treated Cockran, so that his life was greatly dispaired of, &c.

M‘Ilvoy pleaded first, son assault demesne, and second for further plea alledged, that Cockran, his action against him ought not to have and maintain, because he says that he M‘Ilvoy, for a…