Adams v. Waggoner

The appellee sued the appellant for an assault" and battery. The evidence shows that the battery was very severe — -three w rounds being inflicted by a knife.

The third paragraph of the answer was, that the injury happened in a fight by mutual agreement of the parties.

The fourth paragraph was the same in substance as the third, only changing the word “agreement” to “consent,” and that the injury was the result of sudden heat, which arose during such fighting, and not from previous malice.

A separate demurrer was filed to each of these answers-. The demurrers were sustained, and the appellant…