Wilson v. Helmbold

All three of the above causes are to be determined by the decision in the first case, in which a demurrer to the third, fourth and fifth defenses of the third amended answer has been filed.

The plaintiff according to his petition, on July 10, 1905, was in the discharge of his duty as a night jail guard in the jail at Newport, Campbell county, Kentucky. On that date the defendant with others, it is alleged, maliciously assaulted plaintiff and maliciously imprisoned him in another place, to his damage in the sum of $10,000.

Defendant by his third defense says that he and the plaintiff are and…