Atwood v. Robbins
Supreme Court of Vermont
Trespass guare clausum fregit. The defendant pleaded tbe general issue, with notice that the defendant’s son owned a right of way over the plaintiff’s close to and from certain land belonging to the defendant’s son, for the purpose of entering thereon to cut hay and to carry off the same, and that the defendant committed the alleged trespass in the legal and proper use of such right of way in the employment and business of his son in connection with such land.
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Trespass guare clausum fregit. The defendant pleaded tbe general issue, with notice that the defendant’s son owned a right of way over the plaintiff’s close to and from certain land belonging to the defendant’s son, for the purpose of entering thereon to cut hay and to carry off the same, and that the defendant committed the alleged trespass in the legal and proper use of such right of way in the employment and business of his son in connection with such land. The cause was tried by jury at the December Term, 1861, Pierpoint, J., presiding. The plaintiff gave evidence tending to show title in…
1Opinion of the Court
Poland, Ch. J.
We are all agreed that the record of the fprmer recovery by the plaintiff against the defendant, and the *532facts proved in connection with it, .ought to have been held con» elusive upou the defendant, as to the right of way set up by him to the present action.
We do not regard the former judgment as binding or conclusive upon the evidence that had been introduced by the respective parties, but only as a judgment by the confession or consent of the defendant, and as if rendered by default, or nil. dicit» The fiict that the parties had actually gone on to a trial, and introduced all…
2Cases cited3 opinions
- Gray v. PingrySupreme Court of Vermont · 1845
- Perkins v. WalkerSupreme Court of Vermont · 1847
- Isaacs v. ClarkSupreme Court of Vermont · 1839
3Cited by1 opinion
- Kezar v. ElkinsSupreme Court of Vermont · 1879