Lytle v. Lee & Ruggles
New York Supreme Court
THIS was an action for an assault and battery and J false imprisonment. The declaration was in the usual 1 form. The defendant, Lee, pleaded two pleas : 1. Not guilty. ... . , 2. 1 hat the defendant, Euggles, m the term of May, . . . 1804, in the court of common pleas of the county of Washington, recovered a judgment against the plaintiff, f°r 73 dollars and 81 cents, for his costs, in an action brought by the plaintiff against Euggles, as by the re-cor<^) and that the said…
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THIS was an action for an assault and battery and J false imprisonment. The declaration was in the usual 1 form. The defendant, Lee, pleaded two pleas : 1. Not guilty. ... . , 2. 1 hat the defendant, Euggles, m the term of May, . . . 1804, in the court of common pleas of the county of Washington, recovered a judgment against the plaintiff, f°r 73 dollars and 81 cents, for his costs, in an action brought by the plaintiff against Euggles, as by the re-cor<^) and that the said costs not being paid, and the judgment being in full force, the defendant, Lee, as attorney for the defendant, Euggles,…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The replication would have been bad upon a special demurrer. The rule, as laid down in Crogate's case, (8 Co. 66.) and which has since been repeatedly recognised, (Cooper v. Monke, Willes’s Rep. 54. Jones v. Kitchin, 1 Bos. & *114Pull. 76.) is, that the general replication de injuria suit propria absque tali causa, is bad, when the defendant in- '• sists on a right, and is good only when he pleads matter of excuse. The first resolution in Crogate,s case, states an example similar to the present case, in which the replication was deemed ill; it was…
2Cited by10 opinions
- Coleman's AppealSupreme Court of Pennsylvania · 1869
- Allen v. CrofootNew York Supreme Court · 1827
- Shafer v. StonebrakerCourt of Appeals of Maryland · 1832
- Robins v. EmbryMississippi Chancery Courts · 1843
- United States v. JacobySuperior Court of Delaware · 1905
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