Goldsberry v. Stuteville

*345OPINION of the Court, by

Chi. J. Boyle.

— This was an action of assault and battery. The defendant pleaded son assault demesne. On the trial, after the *346evidence was gone through, the counsel for the defendant was about to open the argument, but the plaintiff’s counsel objected, alleging that the defendant had not introduced evidence to prove an assault upon the plaintiff by the defendant ; and the court being of that opinion, refused to permit the defendant’s counsel to open and conclude the argument.

The question is, whether the court erred upon this point?

There is no doubt that the defendant…