Sterling v. Warden
Supreme Court of New Hampshire
Teespass, by Nathanial K. Sterling against Alexander Warden. The first count alleged the breaking and entering of the plaintiff’s dwelling-house, July 80, 1869, and an assault on the plaintiff and his ■wife; • the second count alleged an assault on the plaintiff; and the third count alleged an assault on the plaintiff’s wife.
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Teespass, by Nathanial K. Sterling against Alexander Warden. The first count alleged the breaking and entering of the plaintiff’s dwelling-house, July 80, 1869, and an assault on the plaintiff and his ■wife; • the second count alleged an assault on the plaintiff; and the third count alleged an assault on the plaintiff’s wife. The defendant, besides the general issue, pleaded nine special pleas, to all of which the plaintiff demurred. , The case was reserved. 1. First plea, the general issue. 2. And for further plea in this behalf, said defendant, by leave of the coitrt here for that purpose…
1Concurrence
Bullee and Grose, Judges,
concurred.
In Taunton v. Costar, 7 Term Rep. 432, the head note is, — “A tenant, holding over after the expiration of his term, cannot distrain his landlord’s cattle, which were put upon the premises by way of taking possession.”
In this case, Lord KeNYON says, — “ The case is too plain for argument. Here is a tenant from year to year, whose term expired upon a proper notice to quit; and because he holds over in defiance of law and justice, he now attempts to convert the lawful entry of his landlord into a trespass. If an action of trespass had been brought, it is clear…
2Cases cited27 opinions
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- Ronkendorff v. Taylor's LesseeSupreme Court of the United States · 1830
- Hyatt v. WoodNew York Supreme Court · 1809
- Lowe v. CommonwealthCourt of Appeals of Kentucky · 1860
- Fuhr v. DeanSupreme Court of Missouri · 1857
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