Ruby v. Baker

The opinion of the court was delivered by

Mason, J.:

T. B. Ruby sued John Baker and six others, charging them with assault and battery, including the administering of a coat of tar and feathers. The defendants, in addition to a general denial, pleaded as a set-off a claim of Baker for damages for the plaintiff having debauched his wife and alienated her affections. This portion of the answer was attacked by a motion to strike out and by a demurrer, both of which were overruled, the plaintiff appealing from the rulings.

The sole question presented is whether such set-off is admissible. Formerly…