
    M’Kenzie against Milligan.
    
      lauk demesne is pleaded, the defendant becomes plain-tiffin the action, and has and^coucinde lus case.
    ASSAULT. On justification and son assault demesne, pleaded in this action, r
    Holmes, for defendant,
    admitted he struck, but contended ’ . . . that the plaintiff struck first, which was a fact tendered to the jury by the defendant, and that he ought to be considered as plaintiff in the action, and of course, had a right to open and conclude the case.
   After hearing counsel, the court resolved, that as the defendant made himself, by his plea, the plaintiff in the action, he had a right to proceed and open his case, call his witnesses and conclude it, 2 Lill. Pract. Reg. 523. tit. Son Assault.  