6 N.H. 24
Superior Court of New Hampshire
Decided May 15, 1832
Superior Court of New Hampshire · decided 1832-05-15
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.
Cited by 1 later decisions — most recently October 1902
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1832-05-15
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¶1The 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.
¶2*253 Starkie's Ev. 1462, 1 Chitty's Pl. 491-493; 6 East, 394, Welch v. Nash.
¶3New trial granted.