McNeil v. Choate

Opinion of the Court by

Judge McCandless

Affirming.

H. A. Choate sued Charlie McNeil and several others, alleging a conspiracy on their part to assault him, and that in pursuance thereof Chas. McNeil did assault, beat him, &c., and asked a recovery of $10-,000.00.

Defendants answered, denying a conspiracy and pleaded son assault demesne upon the part of Charlie McNeil. In the third paragraph Charlie McNeil sought to recover of plaintiff $15,000.00 for an assault and battery upon him in the same difficulty, and to this plaintiff pleaded self-defense.

All the defendants went out on a peremptory…