Coburn v. Hopkins
New York Supreme Court
Demurrer to replication. The declaration contained two counts for an assault, battery and false imprisonment. The defendant pleaded a special justification to each count, alleging the existence of a debt due and owing by the plaintiff to the defendant, the due issuing of a warrant by a justice 0p tpe peace for the collection of the same, and the arrest of the present plaintiff by virtue of the same; which was alleged to be the same assault and imprisonment complained of.
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Demurrer to replication. The declaration contained two counts for an assault, battery and false imprisonment. The defendant pleaded a special justification to each count, alleging the existence of a debt due and owing by the plaintiff to the defendant, the due issuing of a warrant by a justice 0p tpe peace for the collection of the same, and the arrest of the present plaintiff by virtue of the same; which was alleged to be the same assault and imprisonment complained of. The . , . . . t i pleas also stated a variety of circumstances attending the arrest in answer to allegations set forth in…
1Opinion of the Court
By the Court,
Sutherland, J.
The pleas in this case evidently intend to justify the arrest, &c. of the plaintiff under the warrant stated in the pleas, and not to set them up merely by way of excuse. Every thing is stated in the pleas which was requisite to authorize the issuing of the warrant, and to justify the arrest and detention of the defendant by virtue thereof.
The general replication de injuria sua propria absque tali causa is bad where the defendant justifies or insists on a right, and is good only where he pleads matter of excuse. (Crogate’s case, 8 Coke, 66. Willes, 54. 1 Bos. & Pul.…
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