Bonham v. Tipton

Bonham sued Tipton for assault; there was a verdict for defendant and Bonham brings error.

The defendant testified that he committed the assault, and there was neither plea nor evidence of justification or excuse; the court should, therefore, have directed a verdict for plaintiff, and left to the jury the question of damages only.

It is objected that neither the motion for new trial nor the assignment of errors covers this point, but one ground in the motion is that the verdict is contrary to' the evidence, which, in this particular case, states the exact situation. See Leadville v. McDonald,…