Ennis v. Brawley

Kenna, President:

In this action of trespass on the case Bayard F. Ennis sought to recover from D. Earl Brawley the sum of $10,-000.00 by way of compensatory and exemplary damages by reason of an unlawful assault suffered by the plaintiff at the hands of the defendant in the Kanawha County Court House on June 20, 1945. To a judgment of $3,001.-00 the defendant below was granted this writ of error.

Under Code, 56-5-2, the sum of $25.00 was paid into court accompanied by an appropriate plea, to which the demurrer of the plaintiff was overruled, the plaintiff then declining to accept the payment…