TWO warring, middle-aged neighbours, said to have came to blows, have been bound over by a judge who warned them to call a truce.

Burnley Crown Court heard how violence was said to have erupted when Derek Bolton's dog broke free from him and Anthony Wall, walking a friend's dog, thought he had done it deliberately.

Both men had claimed the other hit out first, both were said to have ended up injured, but Mr Bolton had earlier been convicted of common assault by Rossendale Magistrates.

Mr Bolton, who Mr Wall said he despised, won a battle to clear his name after Judge Raymond Bennett said the bench could not be satisfied the appellant was not acting in reasonable and necessary self-defence.

The judge, sitting with two justices, said they could not be sure any blow was an unlawful one, there were two sides to the story and went on: "We just don't know where the truth lies."

Mr Bolton, 48, of Meadow Bank, Oakenhead Old Road, Rawtenstall, who had earlier been given a 12 months conditional discharge and told to pay £250 compensation and £150 costs, won his appeal against conviction. He has no criminal record. Both he and Mr Wall were bound over in the sum of £250 for 12 months.

Judge Bennett who described the case as "very very sad," told the pair he did not want to hear of any more trouble and told them they should keep out of each other's way.

He added the bench did not want either party to go away thinking they had won and said they did not want Mr Wall to think the bind over was a reflection on him.

Mr Wall then stood up in the public gallery and claimed Mr Bolton, who is now moving house, had committed perjury but was advised by the judge to see a solicitor. The court had been told how the Wall family had lived in the area for 33 years and had had trouble with two other sets of neighbours.

In 1989, Mr Bolton moved in and there had since been constant bickering and trouble.

On the night of the alleged offence, Mr Bolton had been sitting on the steps of Ski Rossendale Clubhouse with his Alsation.

Mr Wall and his wife were exercising another dog and as they walked past, the appellant's dog got free. Mr Bolton said it was an accident, but Mr Wall claimed it was deliberate.

Although the Alsation turned out to be very friendly, Mr Wall was very upset, grabbed the animal and took it back to Mr Bolton.

He alleged he was struck by the appellant who knocked off his glasses. Mr Wall fell on top of Mr Bolton and was trying to pin him down but Mr Bolton was fighting back.

Mr Bolton claimed his neighbour had squared up to him and he had thought he was going to be hit.

The hearing was told both men claimed the other struck the first blow and towards the end of the melee, Mr Wall was alleged to have said: "Come on Bolton, come on. You have lost. You have lost."