Defense

That which is offered and alleged by the party proceeded against in an action or suit, a8 a reason im law or fact why the plaintiff should not recover or establish what he seeks; what is put forward te defeat an action. More properly what is stficzent when offered for this purpose. In either of these senses it may be either a denial, justification, or confession and avoidance of the faets averred as a ground of action, or an exception to their suiiciency in point of law. In a stricter sense, defense is used to denote the answer made by the defeadant to the plaintiffs action, by demurrer ur plea at law or answer in equity. This i. che meauing of the term in Seotch law.

Ersk. Inst. 4, 1, 66.

Hulf defense was that which was made by the form “defends the forces and injury, and says,” (defendit vim et injuriam, et diet.) Tuli defense was that which was made by the form “defends the force and injury when and where itshall behoove him, and the dameges, and whatever else he ought todefend,” (defendit vim e Linjuriam quando eb whi curia consideravtt, et damnea et quicquid quod ipse dufendere debet, et dicit,) commonly shortened into * lefends the force and injury when,” etc.

Gilb. Com. Pi. 188; $ Term. 632; 8 Bos. & P. 9, note; Co. Litt, 127b.

In matrimonial suits, in Engiand, defenses are divided into whsolute, 7. €., sucu as, being estab- H lished to the satisfaction of the court, are 3 complete answer to the petition, so that the court can exercise no diseretion, but is boand to dismiss the petition; and discretionary, or suchas, being established, leave to the court a discretion whether it will pronounce a decree or dismiss the petition. Thus, in a suit for dissolution, condonation is an absolute, adultery by the a netiiiouer discretionary, defense.

Browne, Div. 80.

Defense also means the forcible repelling of an attack made unlawfully with force and violence. In old statutes and records, the term means ‘ prohibition; denial or refusal. Hreonter le defense et le comimandement de voy; against ' the probibitiun and commandment of the king.

St. Westm.1,¢.1.

Also a state of severalty, or of several or exclusive occupancy; a state of inclosure.