Schechner v. Wittner

The action is for assault. The defense is a general denial. The answer also interposes the plea of self-defense and sets up two counterclaims. The first is for assault on the *425theory that it was the plaintiff and not the defendant who committed the assault at the time and place mentioned in the complaint. The second counterclaim is for malicious prosecution, based in effect on the contention that the plaintiff wrongfully prosecuted the defendant for an offense arising out of the alleged assault in question, which the defendant denies he committed. The motion is to strike out the counterclaims…