Bryan v. Bates

The action was trespass for assault, battery, and imprisonment. The court sustained a demurrer to the third and fourth special pleas, and overruled it, to the second and fifth ; and these judgments, by mutual consent, are assigned for error, both parties abiding the demurrer. We deem it unnecessary to examine the assignment of errors by defendant, in sustaining the demurrer to the thud and fourth pleas.

The introductory part of the second and fifth pleas enumerates and professes to answer the assault, &c., and imprisoning, and keeping, and detaining in prison ; and justifies the same by…