Ford v. Burleigh
Supreme Court of New Hampshire
The First Case is trespass for breaking and entering the Concord tent, being the plaintiff’s personal estate on the eamprneeting ground in Alton, and for breaking doors to rooms, and removing partitions to passage-ways in the tent.
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The First Case is trespass for breaking and entering the Concord tent, being the plaintiff’s personal estate on the eamprneeting ground in Alton, and for breaking doors to rooms, and removing partitions to passage-ways in the tent. The defendant moved to dismiss the action on the ground that it was trespass qu. cl. to real estate in Belknap county, and being local was brought in the wrong county; also, because in form and substance the action is trespass qu. cl. to personal estate, and that such an action cannot be maintained. The Concord tent is a building on land of tbe Boston & Maine…
1Opinion of the CourtSmith, J.
The question is not whether the plaintiff might have maintained trespass qu. el., but whether he can maintain trespass in this county for taking possession of and injuring his building situated in Belknap county. The declaration is for trespass to a chattel, and alleges that the defendant “with force and arms broke and entered the Concord tent, being the personal estate of the plaintiff, situate in Alton in our county of Belknap, on the camp-meeting ground, so called, and then and there,' with force and arms, broke and entered the rooms, apartments . . . in said Concord tent,” &c. Whether the…
2Cases cited4 opinions
- Burleigh v. FordSupreme Court of New Hampshire · 1880
- Ford v. BurleighSupreme Court of New Hampshire · 1880
- Burleigh v. FordSupreme Court of New Hampshire · 1881
- Laird v. RailroadSupreme Court of New Hampshire · 1882