Hall v. Gerard, 1 N.C. 20, 1 Mart. 20 (1793)

1793 · United States Circuit Court for the District of North Carolina
1 N.C. 20, 1 Mart. 20

Hall vs. Gerard.

Pasch. 2 Car.

ASSAULT and battery. The defendant pleaded in bar, that it was in defence of the possession of his house. The plaintiff replied, that it was de injuria sua propria.

Noy said that the action is brought for wounding and battery; and a man cannot justify the wounding of another in defence of his house or goods; but may only stay the party with his hands in defence of his possession. See 123 221 and 273 postea.