Abney v. Mize
Supreme Court of Alabama
Damages for An Assault ancl Battery. Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. . Action for assault and battery by C. C. Mize against Benjamin D. Abney and another. Prom a judgment for plaintiff, defendant appeal. The defendants interposed several special pleas; 2, 8,. 4, and 5 being pleas of justification and pleas of self-defense, setting forth the ingredients thereof.
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Damages for An Assault ancl Battery. Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. . Action for assault and battery by C. C. Mize against Benjamin D. Abney and another. Prom a judgment for plaintiff, defendant appeal. The defendants interposed several special pleas; 2, 8,. 4, and 5 being pleas of justification and pleas of self-defense, setting forth the ingredients thereof. To these-pleas the plaintiff replied as follows: “The defendants, committed the assault and battery in said complaint mentioned to a greater extent and degree and with more force than was…
1Opinion of the CourtAnderson, J.
The plaintiff’s replication to the special pleas was a good answer thereto, and not subject to the demurrers. Moreover, it was but a general traverse as to pleas 4 and 5, as each of said pleas aver that no more force was used than was- necessary, and the replication was but a denial of this averment.
Charges 1 and 2, refused the defendants, are so manifestly bad that a discussoin of them is unnecessary.
Charge 4, requested by the defendants, was properly refused. If not otherwise bad, it invades the province of the jury, and instructs a finding for the defendants, although more force may have…
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