June v. Conant
Supreme Court of Vermont
Trespass quare clausum fregit. The premises, upon which the injury was committed, were described in the declaration as situated in the town of Leicester, in the county of Addison, and the writ was made returnable in said Leicester, before a justice of the peace of the County of Addison. The plaintiffs and defendant were described in the writ as residents of the town of Brandon, in the county of Rutland.
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Trespass quare clausum fregit. The premises, upon which the injury was committed, were described in the declaration as situated in the town of Leicester, in the county of Addison, and the writ was made returnable in said Leicester, before a justice of the peace of the County of Addison. The plaintiffs and defendant were described in the writ as residents of the town of Brandon, in the county of Rutland. The action came to the county court by appeal; and the defendant pleaded,- — as he had pleaded on the trial before the magistrate,— that the justice of the peace, before whom the writ was made…
1Opinion of the Court
The opinion of the court was delivered by
Hebaud, J.
This was an action of trespass upon land of the plaintiffs lying in the town of Leicester and County of Addison. The parties both reside in Brandon in the County of Rutland. The suit was brought before a justice, and the court was held in Leicester. The defendant pleaded in abatement the above facts, to the replication to which plea, which alleged that the locus in quo was in Leicester, the defendant demurred. The only question is, whether this suit should have been brought in Brandon, where both parties reside.
The statute provides, that “…
2Cited by3 opinions
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- Tillotson v. PrichardSupreme Court of Vermont · 1887
- Reynolds v. WilliamsonSupreme Court of Kansas · 1904