Deagan v. Weeks
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lydia A. Deagan, froih an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chenango on the 16th day of July, 1901, upon the decision of the court, rendered after a trial at the Broome Special Term, overruling the plaintiff’s demurrer to the counterclaim set forth in the defendant’s answer.
1Opinion of the Court
Chase, J.:
This action is brought to recover damages for an alleged assault and battery committed by the defendant upon the person of the plaintiff on the 9th day of August, 1899. The defendant for an answer to the complaint denies each and every allegation relating to the assault and battery.
He further alleges “ That the plaintiff at the time and place mentioned in the complaint with force and arms, and by the use of dangerous weapons made an assault upon the defendant and would have beaten, bruised, and ill treated him, had he not then defended himself against the acts of the plaintiff who…
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