Raefeldt v. Koenig

Action for an assault alleged to have been committed upon tiie plaintiff by the defendant. The answer was a general denial. At the close of the testimony defendant asked leave to amend his answer by pleading the substance of the matters testified to by him. The court allowed the amendment, but, as plaintiff claimed surprise, only upon terms of a continuance and costs. Thereupon the defendant withdrew his amendment and the trial proceeded. Plaintiff testified, in substance, that she entered the store of the defendant about 8 o’clock on the evening in question, as she had often done before,…