Lunsford v. Walker
Supreme Court of Alabama
Action for Damages for Assault and Battery. Appeal from the Circuit Court of Jefierson. ■ Tried before the Hon. James B. Head. This action was brought by Guy Walker, a negro, against George Lunsford, a white man, to recover damages for an assault and battery; and was commenced on the 21st June, 1889. The only plea was, not guilty.
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Action for Damages for Assault and Battery. Appeal from the Circuit Court of Jefierson. ■ Tried before the Hon. James B. Head. This action was brought by Guy Walker, a negro, against George Lunsford, a white man, to recover damages for an assault and battery; and was commenced on the 21st June, 1889. The only plea was, not guilty. The difficulty between the parties occurred in May, 1888, at the store of W. G. Lunsford, who was a son of the defendant, and under these circumstances : The plaintiff, who was a plasterer by trade, had done some work for the defendant, on which he claimed a balance…
1Opinion of the CourtColeman, J.
— If the defendant does not rely solely on a denial of the plaintiff’s cause of action, he must plead specially the matter of defense. “Not guilty” puts in issue all the material allegations of the complaint. — Code, § 2675. It is a sound rule in pleading, that matter which goes to the complete justification of the charge must be specially pleaded, in order that the plaintiff may be prepared to meet it; and can not be given in evidence under the general issue. — 2 Greenleaf on Ev. §274. Justification must always be pleaded specially. — Ib. § 92; Daniel v. Hardwick, 88 Ala. 559.
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