Roach v. Trottie
Supreme Court of Georgia
Trespass. Landlord and tenant. Pleading. Evidence. Before Judge Hopkins. Fulton Superior Court. October Term, 1872. Trottie brought trespass against Roach for $700 00 damages.
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Trespass. Landlord and tenant. Pleading. Evidence. Before Judge Hopkins. Fulton Superior Court. October Term, 1872. Trottie brought trespass against Roach for $700 00 damages. The declaration alleges that the defendant, on the 15th day of September, 1870, by his agent, James Lawshe, with force and arms, broke and entered the plaintiff’s close, containing nine acres, and with his feet and a large number of cattle, tramped upon and damaged the plaintiff’s cotton, of the value of $700 00. The defendant pleaded not guilty. The following evidence was introduced: J. P. Trottie, the plaintiff,…
1Opinion of the Court
McCay, Judge.
1. Whilst we should be very slow to apply to an action of trespass those nice distinctions between trespass vi et armis, and trespass on the case, which the English writers maintain, yet our statute, Revised Code, section 3256, requires the plaintiff, “ plainly and distinctly to set forth his charge or demand.” It requires a considerable stretch to say that this declaration, charging that the defendant by force, broke into plaintiff’s close, and with his feet and one hundred cattle, trampled his crop, (with the actual facts as they appear,) distinctly sets forth the plaintiff’s…
2Cited by2 opinions
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