McClain v. Gilbert

BRICKEN, Presiding Judge.

Appellee brought his suit in the County Court of DeKalb County, Alabama, against appellant, for damages alleged to have been sustained by him because of an assault and battery by appellant upon appellee.

The defendant filed his pleas setting up (1) the general issue of not guilty; (2) self-defense; and (3) a trespass by plaintiff upon the lands of defendant and because of the threatening conduct of plaintiff, after being ordered to leave the premises by defendant, and plaintiff’s refusal to leave, the use of force by defendant, no more than was necessary, to cause the…