Circumstances may arise where each of two persons may have an action for assault and battery against the other. This may happen where two persons are engaged in an unlawful act, as a prize fight; or where a person who is wrongfully assaulted repels the attack with an unnecessary degree of force, and thus becomes a trespasser himself as to such excess.86

79 Snowden vs. State, 12 Tex. App., 105,41 Am. Rep., 667; Gorman vs. State, 42 Tex., 221.

80 "A schoolmaster has, in general, no right to punish a pupil for misconduct committed after the dismissal of school for the day, and the return of the pupil to his home, yet he may, on the Eupil's return to school, punish im for any misbehaviour though committed out of school which has a direct and immediate tendency to injure the school or subvert the master's authority." Lauder vs. Slaver, 76 Am. Dec, 156. Misspelling a word and refusing to try again, will not justify a severe punishment by a teacher.

Gardner vs. State, 4 Ind., 632. 81 Donnelley vs. Territory (Ariz., 1898), 52 Pac, 368. 82 State vs. Neff, 58 Ind., 516. 83 United States vs. Wickham, 1

Wash. (U. S.), 316, 28 Fed.

Cas. No. 16, 689. 84 Turbervell vs. Savage, 2 Keb., 545. 85 Coward vs. Baddeley, 4 H. & N., 478. 86 "In such an altercation both parties are in the wrong and both, it has been held, can maintain an action against the other, the party originally asrestrained of his liberty without lawful process, and his motive has nothing to do with the case, except, perhaps, as an element to be considered in measuring the damages." That the arrest was made by mistake is not a defense to an action for false imprisonment.89 The provocation given to the defendant is also no defense.90