Bennet v. Hargus

The administrator of Lacy commenced this suit against Hargus on the 14th day of March, 1858. The petition alleges that, on the 23d day of April, 1856, the defendant “ wrongfully, maliciously, feloniously and unlawfully,” assaulted Lacy, in consequence of which he died on the 25th of the same month.

The answer set up, among other things, that the statute which authorized a suit by an administrator for damages in such a case had been repealed. To this part of the answer the plaintiff demurred. The parties stipulated that the demurrer should be sustained, and the case should then be taken to this…