De Injuria

pleading. The name of a replication in an action for a tort, that the defendant committed the trespasses or grievances of his own wrong without the cause by him in his plea alleged. The import of this replication is to insist that the defendant committed the act complained of, from a motive and impulse altogether different from that insisted on by the plea. For example, if the defendant has justified a battery under a writ of capias, having averred as he must do, that the arrest was made by virtue of the writ; the plaintiff may reply de in- Juria sua propria absque tals causa, that the defendant did the act of his own wrong, without the cause by himalleged. This replication, then, has the effect of denying the alleged motive contained in the plea, and to insist that the defendant acted from another, which was unlawful, and not in consequence of the one insisted upon in his plea.

Steph. Pl. 186; 2 Chit. Pl. 523, 642; Hamm. N. P. 120, 121; Arch. Civ. Pl. 264; Com. Dig. Pleader, F 19.

The replication de tnyurta is only allowed when an excuse is offered for personal injuries.

1 B. & P.76; 5 Johns. R. 112; 4 Johns. 150; 12 Johns. 491. Vide 7 Vin. Ab. 503; 3 Saund. 295, note 1; 1 Lilly’s Reg. 587.