Meacham v. Jones
Superior Court of New Hampshire
Tbespass. The declaration contains four counts. The first is quare clausum fregit; and charges the defendant with breaking and entering the plaintiff’s close, in Claremont, which is particularly described, with its abuttals, and cutting down and carrying away the plaintiff’s grass. The second count charges the defendant with talcing and carrying away two ton of hay of the plaintiff’s.
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Tbespass. The declaration contains four counts. The first is quare clausum fregit; and charges the defendant with breaking and entering the plaintiff’s close, in Claremont, which is particularly described, with its abuttals, and cutting down and carrying away the plaintiff’s grass. The second count charges the defendant with talcing and carrying away two ton of hay of the plaintiff’s. The third count charges, that the defendant with his cattle ate up, consumed and destroyed a certain stock of corn fodder of the plaintiff ⅛. The fourth count alleges that the defendant took and carried away two…
1Opinion of the CourtWilcox, J.
This is trespass, and the declaration contains several counts. The first is trespass quare clausum fi'egit. The others are for taking and carrying away certain hay and corn fodder. The counts are for separate causes of action, in distinct tacts of land. As to part of the close described in the first count, the defendant pleads soil and freehold, and thus justifies the acts there alleged to have been committed. This issue is joined, and upon trial found for the defendant. The general issue is pleaded to the other counts ; and upon *128this issue the plaintiff has recovered a verdict, with damages…
2Cases cited2 opinions
- Wright v. WilliamsNew York Supreme Court · 1829
- Brown v. SmithSuperior Court of New Hampshire · 1817
3Cited by1 opinion
- Laramie v. Sears, Roebuck & Co.Supreme Court of New Hampshire · 1998