Deagan v. Weeks
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Chenango county. Action by Lydia A. Deagan against Harry Weeks. From an interlocutory judgment overruling a demurrer to a counterclaim set up in defendant’s answer, plaintiff appeals.
1Opinion of the CourtChase, J.
This action is brought to recover damages for an alleged assault and battery committed by the defendant upon the person of the plaintiff on the 9th day of August, 1899. The defendant, for an answer to the complaint, denies each and every allegation relating to the assault and battery. He further alleges “that the plaintiff, at the time and place mentioned in the complaint, with force and arms, and by the use of dangerous weapons, made an assault upon the defendant, and would have beaten, bruised, and ill-treated him, had he not then defended himself against the acts of the plaintiff, who was…
2Cases cited6 opinions
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- Leforce v. CooperSupreme Court of Oklahoma · 1922
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