Diamond v. Lawyer

This is an appeal from a judgment rendered in justice’s court in an action of trespass quare clausum fregit on the 18th day of December, 1908, in favor of the defendant, for $9.30 costs against the plaintiff. The plaintiff claimed to recover damages for alleged trespasses by defendant’s cattle in his garden, and the principal question in controversy on the trial was the question of possession.

I think that the justice erred in admitting and excluding testimony, and I will refer to some of these errors for the purpose of showing why the judgment should be reversed. I think it was error to…