Morrison v. Bedell
Superior Court of New Hampshire
Trespass. The declaration contained six counts. The first count alleged that the defendant, with force and arms, did fell five trees, each of which was more than one foot over, and was of the value of two dollars; and twenty-four poles, each of which was less than one foot in diameter, the property of the plaintiff, and standing on his land, upon which the defendant then was, without right and without leave from the plaintiff, the owner of the same, contrary to the form…
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Trespass. The declaration contained six counts. The first count alleged that the defendant, with force and arms, did fell five trees, each of which was more than one foot over, and was of the value of two dollars; and twenty-four poles, each of which was less than one foot in diameter, the property of the plaintiff, and standing on his land, upon which the defendant then was, without right and without leave from the plaintiff, the owner of the same, contrary to the form of-'the statute in such case made and provided; whereby and by force of the said statute, the defendant has forfeited to the…
1Opinion of the CourtPerley, J.
The plea of soil and freehold is no answer to the count in the plaintiff’s declaration for taking and carrying away goods ; and, being pleaded to the whole declaration, and bad as to part, it is bad for the whole.
The defendant objects to the plaintiff’s declaration, that the form of action is misconceived, and the causes of action misjoined. These objections, if well founded, are both substantial and not waived by pleading over.
Can the action of trespass be maintained to recover th.e penalties claimed in the first four counts of the declaration ?
The Eevised Statutes, chap. 207, § 1, provide…
2Cases cited7 opinions
- Willard v. WarrenNew York Supreme Court · 1837
- Bayard v. SmithNew York Supreme Court · 1837
- Cross v. United StatesU.S. Circuit Court for the District of Massachusetts · 1812
- Miller v. SchneiderCourt of Appeals of Texas · 1884
- Burke v. WheatonU.S. Circuit Court for the District of District of Columbia · 1828
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- LaBarre v. DaneaultSupreme Court of New Hampshire · 1983
- Woodburn v. ChapmanSupreme Court of New Hampshire · 1976