Murden v. Russell

Citations

• 28 Del. 362
• 5 Boyce 362
• 93 A. 379
• 1915 Del. LEXIS 14

Syllabus

<p>Trespass—Pleadings—Replication de Injuria.</p> <p>In an action for trespass by assault, and by the removal of plaintiff’s houseboat from a beach, where defendant pleaded in justification that the title to the beach was in a town, and that as'the agent of the town he removed the boat, as he lawfully might do, a replication de injuria was demurrable, since that replication is proper only where matters in excuse are pleaded, and not when justification or claim of title or interest in land is pleaded.</p>