Colby v. Tarr

This action comes to the Court on exceptions to rulings by the Justice of the Superior Court excluding evidence presented by the plaintiff. The plaintiff in his writ alleged that the defendant broke and entered the plaintiff’s close and there committed trespass and damaged the real estate by cutting trees thereon growing. To this count he added the money counts. The joinder of assumpsit and tort was improper. Chitty on Pleading, 1, 199; Allen v. Ham, 63 Me., 532. To raise such question a special demurrer was necessary. National Bankv. Abell, 63 Me., 346. But the defendant disregarded the…