Duquenoy v. Dorgan

This is an action originally in the nature of trespass quare clausum fregit brought in a District Court. The plaintiffs who are husband and wife alleged that the defendants who are mother and son unlawfully removed a garage which was located on the plaintiffs’ land. The judge found for the plaintiffs in the sum of $350 and reported the action to the Appellate Division at the request of the defendants who claimed to be aggrieved by the refusal of their requests for rulings and the finding for the plaintiffs.

After hearing the Appellate Division ordered the entry of the following: “ [I]f within…