Stow v. Scribner
Superior Court of New Hampshire
TREspass, for killing a mare of the plaintiif. On the trial here, November term, 1831, upon the general issue, the defence was, that the blow, which caused the wound whereof the mare died, was given, by the defendant, in defending himself against an attack made upon him by the mare.
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TREspass, for killing a mare of the plaintiif. On the trial here, November term, 1831, upon the general issue, the defence was, that the blow, which caused the wound whereof the mare died, was given, by the defendant, in defending himself against an attack made upon him by the mare. On the part of the plaintiff, it was objected that this defence was not admissible, under the general issue, without a brief statement, filed according to the statute; but it was admitted, and the jury, having found for the defendant, the plaintiff moved for a new trial. Bellows, in support of the motion. In…
1Opinion of the Court
By the Court.
The motion in this case must prevail. Matters which do not directly contradict that which a .plaintiff is bound to prove, in an action of trespass, under the general issue, but which show, collaterally, that .the action is not maintainable, must be specially pleaded, or a brief statement of the matters must be filed under the statute.
*253 Starkie's Ev. 1462, 1 Chitty's Pl. 491-493; 6 East, 394, Welch v. Nash.
New trial granted.
2Cited by1 opinion
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