Ogden v. Gibbons
Supreme Court of New Jersey
in trespass quare clausum fregit. THIS was a rule to shew cause, why the verdict should not be set aside, and a new trial granted.
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in trespass quare clausum fregit. THIS was a rule to shew cause, why the verdict should not be set aside, and a new trial granted. The verdict was received by the Chief Justice, at the Essex circuit in September 1818. The declaration complained that the defendant, on the 20th of September 1816, with force &c. entered the home-lot of plaintiff, situate &c. and trod down &c. the grass &c. to the value of one dollar, and did then and there enter into the dwelling house of the said Aaron, on the said close there then being, and did then and *there unlawfully fix and post up on the door of the…
1Opinion of the Court
Southard J.
remarked. I should have felt better satisfied to have taken a little longer to look into this matter; but, as I now see no cause to doubt, I am willing to yield to the request of the parties. Four questions seem to have been pressed upon the consideration of the court, by the argument of this rule. 1. whether the trial ought to have been postponed at the circuit ? 2. Whether the possession of Barber, was such as to render the plaintiff’s recovery illegal ? 3. Whether the contents of the handbill, were a proper subject of consideration, in assessing the damages ? And 4. Whether the…
2Cases cited2 opinions
- Erie & North-East Railroad v. CaseySupreme Court of Pennsylvania · 1856
- Dieffenderfer v. FisherSupreme Court of Pennsylvania · 1814
3Cited by1 opinion
- Fotopak Corp. v. Merlin, Inc.New Jersey Superior Court Appellate Division · 1955