139 Iowa 14 | Iowa | 1908
While the plaintiff’s petition as originally filed stated sevéral causes of action, the only one involved in this appeal is’ a count for damages for an alleged assault and battery. The defendant 'denied tbe charge, and alleged that he was first assaulted by the plaintiff, and that he used no more force or violence upon his assailant than was reasonably necessary in the defense of his own person. On this issue of fact the jury found against the defendant, and the court overruled his motion for a new trial. Of the errors assigned in support of the appeal counsel have argued the following: