Nichols v. Nowling

The circuit court sustained a demurrer for want of facts to the appellant’s complaint. The second paragraph of the complaint, to which alone the briefs are addressed,, charges, in substance, that the appellee William Nowling committed an unlawful assault and battery upon James J. Rutherford, and, in order to avoid prosecution and a suit for damages, for which he was liable, left the State, and went to Missouri; that thereafter Rutherford brought a suit for damages against the defendant and this plaintiff, together with others; that the defendant, not having been served with process, did not…