Rutherford v. Rains

Rains commenced an action of trespass guare clausum fregit against Rutherford. The declaration complained “wherefore with force and arms, he broke and entered the close of the said plaintiff-” and etc., “For this, that whereas” and etc., setting out the boundaries of the close, and‘alleging the cutting and hauling away timber, treading down grass, and etc. To this declaration there was a plea of not guilty; and secondly, that the trespass was involuntary, and that he had tendered amends.

A; bill of exception shows that on the trial, the counsel for Rutherford moved the court to instruct the…