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DE INJURIA Definition & Legal Meaning

Definition & Citations:

Of [his own] wrong. In the technical language of pleading, a replication de injuria is one that may be made iu an action of tort where the defendant has admitted the acts complained of, but alleges, in his plea, certain new matter by way of justification or excuse; by this replication the plaintiff avers that the defendant committed the grievances in question “of his own wrong, and without any such cause.” or motive or excuse, as that alleged in the plea, (de injuria sua propria absque tali causa;) or, admitting part of the matter pleaded, “without the rest of the cause” alleged, (absque rcsiduo causa;.) In form it is a species of traverse, and it is frequently used when the pleading of the defendant, in answer to which it is directed, consists merely of matter of excuse of the alleged trespass, grievance, breach of contract, or other cause of action. Its comprehensive character in putting in issue all the material facts of the defendant’s plea lias also obtained for it the title of the general replication. Holthouse.


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