Bagwell v. Babe
Supreme Court of Virginia
This was an action of assault anti battery brought in the county court of Accomack, by George Babe against Charles Bagwell. The declaration is in the usual form.
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This was an action of assault anti battery brought in the county court of Accomack, by George Babe against Charles Bagwell. The declaration is in the usual form. The defendant filed two pleas: First, “ that he, the said George, at the “ time of issuing the original writ of him, the said George, “ in this cause, was a subject of the King of Great Bri- “ tain, then waging and carrying on war against this “ state, and the citizens thereof; and this, he the said “ Charles is ready to verify.” The second plea is, that as to the coming with force and arms, and also as to the battery and wounding…
1Opinion of the Court
January 25.
Judge Brooke,
delivered the opinion of the court.
The court is of opinion, that the superior court correctly sustained the demurrer of the plaintiff, to the first plea of the defendant. Since the consequences of war have *276been greatly mitigated, especially as to non-combatants, the decisions of courts against alien enemies, have been less rigid. In the case of Clarke vs. Morey,(i) the cases have been well reviewed. The plea in the case before the court, does not negative nor affirm all the facts, that were necessary to bar the plaintiff’s action. It does not negative the license of…
2Cited by1 opinion
- Ex parte QuarrierWest Virginia Supreme Court · 1866