Fowler v. Floyd

Mr. Associate Justice Stukes

delivered the unanimous Opinion of the Court:

The gravamen of the complaint in this action is contained in the fourth and sixth paragraphs, as follows:

“4. That on January 2, 1941, while this plaintiff was in the peaceful possession of the aforesaid tract of land, and while he was in his field cultivating the same, the defendant wilfully, maliciously, and with intent to wound and kill this plaintiff, as he is informed and believes, assaulted this plaintiff with a shot gun, and inflicted upon the person of the plaintiff serious wounds, as a result of which he suffered…