Nevins v. Keeler
New York Supreme Court
THIS was an action of trespass quare clausum Jr egit. The declaration stated, that the defendant, on the 10th January, 1809, broke and entered the close of the subscriber, in, &c. and trod down his grass; and also, on the 25th December, 1807, broke and entered another close, in the same town, and trod down the grass, and carried away the timber; and also, on the 25th June, 1807, broke and entered another close, in the same town, and destroyed the grass; and that this last…
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THIS was an action of trespass quare clausum Jr egit. The declaration stated, that the defendant, on the 10th January, 1809, broke and entered the close of the subscriber, in, &c. and trod down his grass; and also, on the 25th December, 1807, broke and entered another close, in the same town, and trod down the grass, and carried away the timber; and also, on the 25th June, 1807, broke and entered another close, in the same town, and destroyed the grass; and that this last trespass, as to the grass, he continued, at sundry days and times, from the 25th June, 1807, to the 12th January, J ’ J J?…
1Per curiam
The plaintiff has declared for several trespasses, done at divers places, and at different times. This is a very usual way of declaring; and the defendant was bound, by his special plea, to answer the whole declaration, and to hit every trespass, since the plea begins and professes to be an answer to the whole. (1 Salk. 179. 1 Saund. 28, note 3.) But he has' only justified as to one locus in quos and it is no answer to the other trespasses, to say, that they referred to the same close. He should have pleaded not guilty as to all but one close. The plaintiff alleged trespasses in distinct…
2Cited by3 opinions
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- Baldwin v. WalsworthNew York Supreme Court · 1844