Gilbert v. Wilson

THOMAS, Justice.

The suit was for damages for an assault. The complaint is in four counts to which demurrers were overruled.

Defendant filed pleas of the general issue and plea 3, setting up a release set out in haec verba.

Plaintiff demurred to plea 3 and it being overruled, filed replications thereto from 1 to 9, inclusive, to which defendant’s demurrers were sustained. The replications to plea 3, in many forms, is whether there was a valid release under the circumstances averred that would prevent a recovery for the resulting damages alleged in the complaint.

The question recurs, was there…