Walker v. Hitchcock
Supreme Court of Vermont
Trespass guare clausum fregit. The plaintiff alleged, in his declaration, that the defendant, on the fourteenth day of June, 1841, and on divers days and times between that day and the time of commencing this suit, (which was brought to the April Term, 1844, of Rutland county court,) entered the close of the plaintiff, and broke open a messuage thereon, and broke to pieces and destroyed the .doors, locks, staples, hinges and- windows belonging thereto, and pulled down the…
Read the full summary
Trespass guare clausum fregit. The plaintiff alleged, in his declaration, that the defendant, on the fourteenth day of June, 1841, and on divers days and times between that day and the time of commencing this suit, (which was brought to the April Term, 1844, of Rutland county court,) entered the close of the plaintiff, and broke open a messuage thereon, and broke to pieces and destroyed the .doors, locks, staples, hinges and- windows belonging thereto, and pulled down the shelves and counter then affixed thereto, and tore up the marble floor and steps thereof, and pulled down and destroyed…
1Opinion of the Court
*637The opinion of the court was delivered by
Bennett, J.
The county court held, that the record in the action of ejectment was a bar to this action, and that, the plaintiff having given it in evidence, it would avail the defendant, as a bar, under the general issue. We are now called upon to revise the decision of the county court.
Our statute provides, that in an action of ejectment the plaintiff shall recover, as well his damages, as the seizin and possession of the premises; though in England the plaintiff recovers only his land, and may, in a subsequent action of trespass, recover for his mesne…
2Cases cited1 opinion
- Allen v. FullerSupreme Court of Vermont · 1838
3Cited by5 opinions
- Lippett v. KelleySupreme Court of Vermont · 1874
- Poole v. Massachusetts Mutual Accident Ass'nSupreme Court of Vermont · 1902
- Briggs v. MasonSupreme Court of Vermont · 1859
- Pacquette v. PicknessWisconsin Supreme Court · 1865
- Probate Court ex rel. Sawyer v. EnrightSupreme Court of Vermont · 1907