Logan v. Austin
Supreme Court of Alabama
This was an action of trespass commenced by Austin in Perry Circuit Court for an assault and battery committed on him by Logan. Logan pleaded not guilty, justification, accord and satisfaction and a release, which pleas were taken in short.
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This was an action of trespass commenced by Austin in Perry Circuit Court for an assault and battery committed on him by Logan. Logan pleaded not guilty, justification, accord and satisfaction and a release, which pleas were taken in short. At the April term, 1827, there was a verdict and judgement for the plaintiff, damages g500. It appears by a bill of exceptions taken on the trial that the defendant Logan offered to prove by the cross examination of a witness for the plaintiff, that Austin had consented, on condition that he Logan, would not prosecute him for malicious mischief, in tying a…
1Opinion of the Court
By JUDGE TAYLOR.
This Court is of opinion in relation to the exceptions taken, that the Circuit Court en*ed in excluding one part of the testimony which was offered, and that its decisions in every other instance were right. It appears that Logan the defendant below, offered to prove that the plaintiff agreed if the defendant would not prosecute him for malicious mischief for an act which he had done to the injury of the defendant’s employer’s property, that the defendant might inflict the punishment which the plaintiff received. This evidence was rejected by the Court. We believe that it…
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