Clark v. Beach
Supreme Court of Connecticut
IN ERROR. This was an action of trespass quare clausum fregit, brought originally by Simeon Beach against Elisha Clark, before William Kellogg, Esq. a justice of the peace, alleging, that the plaintiff, on the 1st of May, 1823, was well seised and possessed of a certain tract of land, upon which the defendant entered, trode down and destroyed the grass, &c. demanding seven dollars damages.
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IN ERROR. This was an action of trespass quare clausum fregit, brought originally by Simeon Beach against Elisha Clark, before William Kellogg, Esq. a justice of the peace, alleging, that the plaintiff, on the 1st of May, 1823, was well seised and possessed of a certain tract of land, upon which the defendant entered, trode down and destroyed the grass, &c. demanding seven dollars damages. The defendant pleaded as follows: “ That at the time of doing the acts and committing the supposed trespasses in the plaintiff’s declaration mentioned, one Abby Betsey Mills was the true and legal owner of…
1Opinion of the CourtDaggett, J.
Several objections are made against the judgment of the superior court.
1. It is said, that as the cause might have been appealed from the county court, to the superior court, no writ of error will lie. It is true, an appeal might have been taken from the judgment of the county court. The statute entitled “ an act for the regulation of civil actions,” sect. 62. allows an appeal from the judgment of the county court to the superior court, “in any action brought to, and tried by the county court, wherein the title of land is drawn in question, and determined,” &c. This action was “ brought to”…
2Cases cited9 opinions
- Newall v. WrightMassachusetts Supreme Judicial Court · 1807
- Rockwell v. BradleySupreme Court of Connecticut · 1816
- Huntington v. SmithSupreme Court of Connecticut · 1822
- Palmer v. HydeSupreme Court of Connecticut · 1822
- Fish v. FishSupreme Court of Connecticut · 1816
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Dutton v. WarschauerCalifornia Supreme Court · 1863
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- Desiderio v. IadonisiSupreme Court of Connecticut · 1932
- Caperton v. SchmidtCalifornia Supreme Court · 1864
- Harral v. LevertySupreme Court of Connecticut · 1882
20 more not listed; retrieve them via the Exa API.