Schnaderbeck v. Worth

The defendant admits that he made a slight assault upon the plaintiff, but denies that it was of the nature or extent stated in the complaint. In other words he says he did assault the plaintiff, but the damages were not as great as the plaintiff says they were.

With such an answer the plaintiff is entitled to recover judgment for something, and the only question for a jury is what damages are to be awarded. There is no issue to be tried,, and assessment of damages belongs to the sheriff’s jury.

The defendant sets up by way of counter-claim, that at the time he committed the assault on the…