Howard v. Black
Supreme Court of Vermont
Trespass Quare Clausum Rregit. The case was referred by the court, by agreement of parties, to referees, “ to establish the lines between the parties, stake the same, and report the facts to the court,” and was heard by the county court on the special report of the referees, on which report the court rendered judgment for the defendant, and made a special order as to the division of costs (as appears by the docket minutes,) between this suit and case of Black against Howard,…
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Trespass Quare Clausum Rregit. The case was referred by the court, by agreement of parties, to referees, “ to establish the lines between the parties, stake the same, and report the facts to the court,” and was heard by the county court on the special report of the referees, on which report the court rendered judgment for the defendant, and made a special order as to the division of costs (as appears by the docket minutes,) between this suit and case of Black against Howard, decided at this March term, 1869, Peck, J., presiding. To the decision of the court the plaintiff excepted. The…
1Opinion of the Court
The opinion of the court was delivered by
Prout, J.
This action is trespass quare clausum fregit, the pleader alleging, for the purpose of aggravating the damages, that the defendant tore down and carried away the plaintiff’s fence *261“ thereon being or situate.” The case went out to a referee by consent of parties, and was tried upon the general issue. No other plea was filed. To maintain his suit the plaintiff must show an Unlawful breaking and entry of the plaintiff’s close,.which is the gist of the action. In Knapp v. Grout, 40 Vt., 163, and in Goodrich v. Judevine, reported in the same…
2Cases cited2 opinions
- Grout v. KnappSupreme Court of Vermont · 1868
- Blake v. BuchananSupreme Court of Vermont · 1850
3Cited by1 opinion
- Gregoir v. LeonardSupreme Court of Vermont · 1899