Irwin v. Smith

Opinion of the Court by

Judge Settle —

Affirming.

Appellant sned in the court below to recover of the appellee damages for the death of her husband, John S. Irwin; it being alleged in the petition that appellee, not in self-defense, wantonly, maliciously and unlawfully shot and killed him. The answer contained three paragraphs. The first being a traverse of the averments of the petition, except the fact of the homicide; the second a plea of self-defense; the third a plea of the statute of limitations; that of one year being relied upon. The shooting and death of John S. Irwin occurred October 8,…