Ayres v. Birtch

Cooijsy, Ch. J.:

Birtch sued Ayres in trespass for an assault and battery. The act complained of took place at a blacksmith shop leased by Birtch of Ayres, and occupied by the former at the time. The case made by Birtch was, that Ayres came into the shop and being requested by him to leave refused to do so, whereupon, making use of no moxe force than was necessaxy, he proceeded to put him out, when Ayres struck him a severe blow with a whiffletx-ee. Ayres, on the contrary, claimed that he went to the shop to prevent the carrying off by other parties of some iron which he had sold to Bix-tch,…