barker for reynolds and uvestwood mich Geo two b r trespass and assault a ill  justification thereto trespass and assault Reynolds the master plead son  assault c and upon that issue be join Westwood the servant justify for that  the plaintiff have assault his master he then and there assault the plaintiff  in defence of his master and to this the plaintiff demurrer Mr a counsel pro  quer insist that the justification be insufficient allege and take two  exception saint though a man may justify in defence of his master yet he can  justify a assault in defence c and cite roll Abr his second objection be that  the justification in this case be ill plead for the assault in the declaration  may be at a time precede the assault by the servant as this justification now  stand the word be have assault and though the court shall be of opinion that a  servant may justify a assault c in defence of his master yet he can justify a  assault upon the plaintiff at a time subsequent to the assault make upon the  master W Kelynge Mr m counsel content a servant may justify a assault in  defence of his master and cite Edward roll Abr Mlk leeward ux for basilee as  to the second objection he say the justification be well for that the word  must necessary be in the preterperfect tense and can not be otherwise for a  assault must have be commit or it be certain the defendant can not justify and  the word then and there show that the assault mention in justification be at  the same time and place the assault be make upon the master you c I there be  no doubt but a servant may justify a assault in defence of his master but the  question in this case be whether the defendant by his plea have show that the  assault be necessary in defence of his master for it be only say the plaintiff  have assault c he then and there c in defence of his master which certain be  not sufficient but he ought to have go further and show that the plaintiff  will then and there have beat his master if he have not assault the plaintiff  in defence c the word as they be now plead have assault have reference to a  time pass whereas the defendant shall have show that the assault by he be at  the time the master be assault and the word then and there will not confine  this assault to that time but may relate to the day and place only whereas the  assault be the servant may be at a different time oh f the day to the assault  make upon the master p p and l I be of the same opinion judgement be give for  the plaintiff W Kelynge er p