Legal Opinion

McCoy v. Price

West Virginia Supreme Court

Decided April 25, 1922PublishedCited by 2 opinions

1Opinion of the Court

Meredith, Judge:

Plaintiff recovered judgment for $450 in an action for assault and battery. Defendant alleges three grounds of error which we will consider in order.

First: To the declaration alleging that defendant assaulted, beat, kicked, wounded and permanently injured the-plaintiff, the defendant filed his plea of not guilty on which issue was joined, and also filed his special plea of son assault demesne or self-defense, which special plea was not replied to nor traversed. Plaintiff objected to the filing of' the special plea, but if its averments were true the defendant had a good…

2Cases cited9 opinions

  1. Pendleton v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1918
  2. Hess v. MarinariWest Virginia Supreme Court · 1918
  3. Claiborne v. Chesapeake & O. Ry. Co.West Virginia Supreme Court · 1899
  4. Allen v. LopinskyWest Virginia Supreme Court · 1917
  5. Goodman v. KleinWest Virginia Supreme Court · 1920

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3Cited by2 opinions

  1. McKnight v. PettigrewWest Virginia Supreme Court · 1956
  2. Blevins v. BaileyWest Virginia Supreme Court · 1926

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