
    Samuel Dragoo v. Alexander Whisner.
    "Where, in an action to recover damages for an assault and battery, the defendant justifies on the ground of self-defense, it is not error for the court to permit the plaintiff to open and close the case.
    Motion for leave to file a petition in error to reverse the judgment of the District Court of Brown county.
    This was an action to recover damages for an assault and battery. The defendant below, by his answer, justified the battery, as committed in self-defense. The reply denied the matter set up in justification. On the trial, the defendant below claimed the right to open the case to the jury, and to introduce his evidence before that of the plaintiff was given, and moved the court to permit him to do so. The court overruled the motion, and the defendant below excepted. "The cause proceeded to trial, the plaintiff below giving his evidence first. Verdict and judgment for the plaintiff. On error, the district court affirmed the judgment of the common pleas. It is now sought to reverse both judgments.
    
      Loudon § Young, for the motion.
    
      G. Barnback and W. D. Young, contra.
   By the Court.

There was no error in the ruling of the court of common pleas.

Leave refused,.  