Nagle v. Hornberger

Nagle sued Hornberger in an action of trespass, in the Dearborn Circuit Court, for an assault and battery, and in that Court recovered a verdict for 400 dollars. Upon the defendant’s motion, a new trial was granted. Thereupon he moved for and obtained a change of venue to the Franklin Circuit Court. In the latter Court there was a verdict and judgment in favor of the plaintiff for 100 dollars.

The plaintiff contends that the Circuit Court erred by sustaining the motion for a new trial, and upon that error alone he seeks to reverse the judgment, and asks this Court to set aside all the…