State v. Cleaveland
Supreme Court of Vermont
Information for breach of the peace. Plea, not guilty. Trial by jury at the September Term, 1908, Washington County, Taylor, J., presiding. Verdict, guilty; and judgment thereon. The respondent excepted. The opinion states the case.
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Information for breach of the peace. Plea, not guilty. Trial by jury at the September Term, 1908, Washington County, Taylor, J., presiding. Verdict, guilty; and judgment thereon. The respondent excepted. The opinion states the case. “The general rule is that a right of property merely, not joined with the possession, will not justify the owner in committing an assault and battery upon the person in possession, for the purpose of regaining possession, although the possession is wrongfully withheld.” Stanley v. Payne, 78 Yt. 235; Bliss v. Johnson, 73 N. Y. 529; Barnes v. Martin, 15 Wis. 240.…
1Opinion of the CourtBowell, C. J.
This is a complaint for a breach of the peace by assaulting and striking one Winslow. The respondent was in possession of a tract of land under a bond for a deed that adjoined a highway in the town of Berlin whereof Winslow was road commissioner. At the time in question, Winslow and his men were excavating and drawing away dirt for highway purposes from a point within the limits of the highway as fenced adjacent to the respondent’s land. Before the work began, the respondent went to the place with Winslow, told him where he could get the dirt, and pointed out the monuments marking the line,…
2Cases cited1 opinion
- Brown v. ClarkSupreme Court of Vermont · 1901
3Cited by3 opinions
- Raynes v. RogersSupreme Court of Vermont · 2008
- State v. PatchSupreme Court of Vermont · 1985
- Raynes v. RogersSupreme Court of Vermont · 2008