Wagman v. Knorr

Upon the third trial of this case, Knorr, the plaintiff below, had judgment against Wagman for assault and battery.

The plaintiff in error, Wagman, makes three points as ground for reversal, first, that before the completion of the second trial the court erroneously declared a mistrial and discharged the jury; second, that the evidence was not sufficient to support the verdict; third, that irrelevant, incompetent and immaterial evidence for the plaintiff was admitted.

As to the first point, if the court committed error the only way to correct it was to grant a new trial, and that the defendant…