Shirley v. Renick

Opinion op the Court by

Judge Miller

Affirming.

Shirley sued Renick for $5,100 damages for a wilful and malicious assault committed on the-day of August, 1911. The first paragraph of the answer is a traverse, but in such a way as to deny only that the assault upon plaintiff was wilful or malicious. In effect it admits the assault. The second paragraph alleged affirmatively that while attending a tent meeting in Warren County sometime in August, 1911, the plaintiff and his brother, Porter Shirley, became drunk and disorderly; that Smith, a constable, while attempting to arrest Porter Shirley, who…