Smith v. Borden

This is an action of trespass de bonis asportatis. The trespass complained of consisted in the removal on December 5, 1889, of the household goods of the plaintiff, Abby Smith, from a tenement which she had hired from the defendant, and had occupied for several months prior to such removal. The defendant pleaded in justification of the alleged trespass, in substance, that prior thereto the said Abby was his tenant, and had suffered the stipulated rent for the tenement to fall in arrears, and to remain due and unpaid for more than fifteen days after demand made upon her therefor; that…