Clark v. Downing
Supreme Court of Vermont
Trespass for assault and battery. Pleas: 1st, general issue ; 2d, son assault demesne; 3d, defence of the defendant’s possession. Trial by jury, December Term, Orange County, Powers, J., presiding. Verdict for the defendant.
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Trespass for assault and battery. Pleas: 1st, general issue ; 2d, son assault demesne; 3d, defence of the defendant’s possession. Trial by jury, December Term, Orange County, Powers, J., presiding. Verdict for the defendant. The third plea set forth that the plaintiff’s horse was wrongfully in and upon the defendant’s land doing damage, &c.; that the defendant requested the plaintiff to take away and remove the horse ; that the plaintiff refused so to do; that the said beating of the horse, &c., was done in defence of his said land, in order to remove said horse, doing no unnecessary damage.…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
This was an action of trespass for an assault and battery. The first exception taken was to the ruling of the court excluding the search warrant as evidence. The plaintiff claims that under his replication of de injuria it was admissible.
The replication of de injuria puts in issue all the material allegations of the plea. If the plaintiff wished to avail himself of the search-warrant as a justification, he should have alleged it in his replication, so that an issue might have been made upon that allegation. There was no error in excluding…
2Cases cited2 opinions
- Braley v. BurnhamSupreme Court of Vermont · 1875
- George v. WestSupreme Court of Vermont · 1880
3Cited by12 opinions
- State v. DesoSupreme Court of Vermont · 1938
- Lambrecht v. SchreyerSupreme Court of Minnesota · 1915
- Lewis v. United StatesCourt of Appeals for the Third Circuit · 1952
- Kent v. KatzDistrict Court, D. Vermont · 2001
- Billado v. ParryDistrict Court, D. Vermont · 1996
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