SON ASSAULT DEMESNE1, pleading. His own first assault. A form of a plea to justify2 an assault and battery, by whicb the defendant3 asserts that the plaintiff committed an assault upon him, and the defendant merely defended himself.
2. When the plea is supported by evidence, it is a sufficient justification4, unless the retaliation5 by the defendant were excessive, and bore no proportion to the necessity, or to the provocation6 received. 1 East, P. C. 406; 1 Chit. Pr. 595.
SON-IN-LAW, in Latin called gener. The hushand of one's daughter.
SOUND MIND. That state of a man's mind which is adequate to reason and comes to a judgment7 upon ordinary subjects, like other rational men.
2. The law presumes that every person who has acquired his full age is of sound mind, and consequently competent to make contracts and perform all his civil duties; and he who asserts to the contrary must prove the affirmation of his position by explicit8 evidence, and not by conjectural9 proof. 2 Hagg Eccl. R. 434; 3 Addams' R. 86; 8 Watts10, R. 66; Ray, Med. Jur. §92; 3 Curt11. Eccl. R. 671. Vide Unsound mind.
SOUNDING IN DAMAGES. When an action is brought, not for the recovery of lands, goods, or sums of money, (as is the case in real or mixed actions, or the personal action of debt or detinue,) but for damages only, as in covenant12, trespass13, &c., the action is said to be sounding in damages. Steph. Pl. 126, 127.
SOUNDNESS. In usual health; without any permanent disease. 1 Carr. & Marsh14. 291. To create unsoundness, it is requisite15 that the animal should not be useful for the purpose for which he is bought, and that inability to be so useful should arise from disease or accident. 2 M. & Rob. 137; 9 M. & W. 670. 2 M. & Rob. 113.
2. In the sale of slaves and animals they are sometimes warranted by the seller to be sound, and it becomes important to ascertain16 what is soundness. Roaring; (q. v.) a temporary lameness17, which renders a horse less fit for service; 4 Campb. 271; sed vide 2 Esp. Cas. 573; a cough, unless proved to be of a temporary nature; 2 Chit. R. 245, 416; and a nerved horse, have been held to be unsound. But crib-biting is not a breach18 of a general warranty19 of soundness. Holt, Cas. 630.
3. An action on the case is the proper remedy for a verbal warrant of soundness. 1 H. Bl. R. 17; 3 Esp. 82; 9 B. & Cr. 259; 2 Dow. & Ry. 10; 1 Bing. 344; 5 Dow. & R. 164; 1 Taunt20. 566; 7 East, 274; Bac. Ab. Action on the Case, E.
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