Wood v. Prescoti
Massachusetts Supreme Judicial Court
This was an action of trespass for breaking and entering the plaintiff’s close, and prostrating her fence. It was commenced before a justice of the peace.
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This was an action of trespass for breaking and entering the plaintiff’s close, and prostrating her fence. It was commenced before a justice of the peace. The defendant, as to the force and arms, &c., pleaded not guilty; and as to the residue of the trespass, he pleaded in bar that at the time when, &c., he [ *175 j. was * seised and possessed of a certain close, next adjoining the plaintiff’s close described in her writ,-bounded, &c., (as set forth in the plea,) and that he, at the time when, &c., entered into his said close, and there erected a fence of the length of fourteen rods, as was…
1Opinion of the Court
Curia.
The first inquiry is, whether this cause is regularly before us. The defendant has not pleaded his title to the locus in quo,but another distinct fact, viz., that he entered into a close of his own, adjoining to the locus in quo, &c. At another day in the term,
Parker, J.
This case, upon these pleadings, might have been tried by the justice. It therefore comes irregularly before us, and must be dismissed.
Sewall, J., and Sedgwick, J., concurred.
Parsons, C. J.
This Court has jurisdiction of appeals in civil actions from the Court of Common Pleas, only where the actions are originally…
2Cited by4 opinions
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1867
- The King v. RobertsonHawaii Supreme Court · 1889
- Parker v. BussellIndiana Supreme Court · 1834
- State v. TuftsSupreme Court of New Hampshire · 1875