Gilbert v. Kennedy
Michigan Supreme Court
Error to Lenawee Circuit. • This was au action of trespass, quare clausum fregit, brought by Asa A. Kennedy in the Circuit Court for the eounty of Lenawee, against Warren Gilbert. The alleged trespass consisted in turning thirty-two head of cattle of the defendant’s upon premises known as the Pitcher farm, and in the occupancy of Kennedy.
Read the full summary
Error to Lenawee Circuit. • This was au action of trespass, quare clausum fregit, brought by Asa A. Kennedy in the Circuit Court for the eounty of Lenawee, against Warren Gilbert. The alleged trespass consisted in turning thirty-two head of cattle of the defendant’s upon premises known as the Pitcher farm, and in the occupancy of Kennedy. The plaintiff alleges special damage, averring that he was a drover, engaged in the business of buying and selling cattle, and buying cattle for and transporting them to New York and other eastern markets for sale, and also selling the same, and also in the…
1Opinion of the CourtChristiancy, J.
Kennedy, the plaintiff below, who was a farmer and drover engaged in the business of buying, selling and grazing cattle for market, had a lease of a farm known as the Pitcher farm, which he had hired for the year 1868 for the purpose of grazing cattle intended for sale, relying mainly upon their growth and 'increase in the meantime for the increase in their market value. He had bought cattle during the winter and early spring in reliance upon the use of this farm for their pasturage; and on the 30th of April, 1868, which was about the usual time for turning out such cattle to pasture, he…
2Cases cited2 opinions
- Allison v. ChandlerMichigan Supreme Court · 1863
- Warren v. ColeMichigan Supreme Court · 1867
3Cited by72 opinions
- Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
- Smith v. Superior CourtCalifornia Court of Appeal · 1984
- Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
- SIGA Technologies, Inc. v. Pharmathene, Inc.Supreme Court of Delaware · 2015
- Russell v. PhelpsMichigan Supreme Court · 1880
67 more not listed; retrieve them via the Exa API.