Dustin v. Cowdry
Supreme Court of Vermont
Trespass. The suit was commenced in the county of Orange. The declaration contained three colints, — first, for breaking and entering the plaintiff’s dwelling house and injuring his goods therein,— second, for breaking and entering the plaintiff’s dwelling house and forcibly expelling him and his family therefrom, — third, de bonis asportatis, in common form. Plea, the general issue, with notice of special matter of defence.
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Trespass. The suit was commenced in the county of Orange. The declaration contained three colints, — first, for breaking and entering the plaintiff’s dwelling house and injuring his goods therein,— second, for breaking and entering the plaintiff’s dwelling house and forcibly expelling him and his family therefrom, — third, de bonis asportatis, in common form. Plea, the general issue, with notice of special matter of defence. Trial by jury, December Term, 1849,— Redfield, X, presiding. The dwelling house in question was the property of the Methodist Episcopal Church and Society in Tunbridge.…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
We entertain no doubt, that such a principle of law, as that for which the defendants contend, and which is embraced in the charge of the court in this case, did exist in England from the time of the Norman Conqueror, until the statute of 5 Richard II, ch. 8, of Forcible Entry and Detainer, — a period of nearly three hundred years. And it might have existed prior to the Norman conquest, but I find no authentic account of its existence prior to that date, and it seems to us far more in accordance with the social polity of the Conqueror and…
2Cases cited6 opinions
- Hyatt v. WoodNew York Supreme Court · 1809
- Hodgeden v. HubbardSupreme Court of Vermont · 1846
- People v. LeonardNew York Supreme Court · 1814
- Yale v. SeelySupreme Court of Vermont · 1843
- Jackson ex dem. Stansbury v. FarmerNew York Supreme Court · 1832
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Daluiso v. BooneCalifornia Supreme Court · 1969
- Sinclair v. StanleyTexas Supreme Court · 1885
- Mosseller v. . DeaverSupreme Court of North Carolina · 1890
- Mussey v. ScottSupreme Court of Vermont · 1859
- Johnson v. PerrySupreme Court of Vermont · 1884
18 more not listed; retrieve them via the Exa API.