Pollard v. Barrows
Supreme Court of Vermont
Trespass quare clausum to recover treble damages, under V. S. 5020, for cutting timber. Pleas, the general issue, and liberum tenementum. Replications, similiter, and new assignment. Rejoinders, not guilty, and license; surrejoinder, traversing the plea of license, and joining issue on the plea of not guilty. Heard on a motion to amend the new assignment, and on the report of a referee, at the December Term, 1903, Windsor County, Munson■, J., presiding.
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Trespass quare clausum to recover treble damages, under V. S. 5020, for cutting timber. Pleas, the general issue, and liberum tenementum. Replications, similiter, and new assignment. Rejoinders, not guilty, and license; surrejoinder, traversing the plea of license, and joining issue on the plea of not guilty. Heard on a motion to amend the new assignment, and on the report of a referee, at the December Term, 1903, Windsor County, Munson■, J., presiding. Motion granted, and judgment on the report for the plaintiff. The defendant excepted. The misdescription in the new assignment resulted from…
1Opinion of the CourtTylNR, J.
This action is brought toi recover treble damages of the defendants, under V. S. 5020, for their alleged cutting of timber upon the plaintiff’s close. The case comes to this Court upon a question submitted by the referee and upon an exception allowed the defendants to the action ,of the court below in granting the plaintiff’s motion to amend his replication and new assignment, which motion was made after the referee’s report was filed, and -to the rendering of judgment for the plaintiff on the report after the amendment.
In the original declaration the premises upon which the trespasses were…
2Cases cited3 opinions
- Graham v. StilesSupreme Court of Vermont · 1866
- Walton v. Walton's EstateSupreme Court of Vermont · 1891
- Est. of White v. Est. of WhiteSupreme Court of Vermont · 1897
3Cited by4 opinions
- Guild v. PrentisSupreme Court of Vermont · 1910
- Camp v. BarberSupreme Court of Vermont · 1913
- Hogan & Hogan v. SullivanSupreme Court of Vermont · 1906
- Gordon's Admr. v. HotchkissSupreme Court of Vermont · 1909