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BANGERT v. HUBBARD

No. 18,600.

127 Ind. App. 579 (1955)

126 N.E.2d 778

BANGERT v. HUBBARD.

Court of Appeals of Indiana.

Rehearing denied July 14, 1955.

Transfer denied June 19, 1957.

Rehearing on Petition to Transfer denied June 28, 1957.

Attorney(s) appearing for the Case

Charles V. Livengood, of Richmond, Bowen, Mendenhall & Hunter, of Winchester, and Hollowell & Hanill, Robert Hollowell (of counsel), of Indianapolis, for appellant.

Dennis & Dennis, of Richmond, and Meeks Cockerill, of Winchester, for appellee.

KENDALL, J.

Appellee brought suit in the lower court in two paragraphs against appellant. First paragraph sought damages for alleged assault and battery; the second sought damages for malicious prosecution.

The first paragraph alleged that the appellant "unlawfully" touched, beat, struck and wounded the appellee by "unlawfully" and purposely shooting him with a 32 caliber revolver.

The second paragraph alleged that the appellant, acting maliciously...

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