Beers v. St. John
Supreme Court of Connecticut
This was an action of trespass. The declaration contained two counts. The first charged a pulling down and destruction of a certain shop or out-house. The second alleged the breaking into and entering upon the land of the plaintiff, and pulling down and destroying the said shop.
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This was an action of trespass. The declaration contained two counts. The first charged a pulling down and destruction of a certain shop or out-house. The second alleged the breaking into and entering upon the land of the plaintiff, and pulling down and destroying the said shop. The cause was tried, on the general issue, at Fairfield, February term, 1844, before Storrs, J. The plaintiff claimed title to the land and shop described in the second count of the declaration, by deed from Nathan Beers, dated October, 1841. The defendants justified under and as the servants of Edwin St. John, who,…
1Opinion of the CourtStorrs, J.
The principal point, which has been made before us, by the defendants, and on which a new trial is claim*328ed, is, that the acts of Nathan Beers, under whom the plaintiff claimed, constituted waste; and that therefore, the said Nathan, and the plaintiff under him, acquired no title to the shop in question, erected by him partly on its site, and that the jury should have been so instructed. It not only does not appear on the motion, that any such point was made on the trial, but it is not necessarily or fairly presented by the facts, as they are claimed to have existed in the case. Indeed, on a…
2Cited by6 opinions
- Carlin v. RitterCourt of Appeals of Maryland · 1888
- Morey v. HoytSupreme Court of Connecticut · 1893
- Webb v. New Haven Theatre Co.Supreme Court of Connecticut · 1913
- Stutsman v. StateNorth Dakota Supreme Court · 1937
- Jewett v. DringerSupreme Court of New Jersey · 1878
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