Lovier v. Gilpin

Judge Marshall

delivered the Opinion of the Court.

This was an action of trespass vi et urmis brought by Lovier, a silversmith, against Gilpin, for entering the shop of the plaintiff with force and arms, and taking and carrying away his implements of trade, clocks, watches, jewelry, &c. &c. The defendant pleaded the general issue, and by agreement had leave, under that issue, “to give any matter of evidence which he could do under any special plea in bar.”

On the trial, the plaintiff proved that the defendant and a. deputy sheriff of the county had, during his absence from the county and State,…