Bateman v. Goodyear
Supreme Court of Connecticut
This was an action of trespass, in two counts. The first alleged, That on the 8th of December, 1835, the plaintiff was in possession of a blacksmith’s shop in Waterbury; that the defendants, not regarding the statute in such case provided, on said day, with force and arms, and with strong hand, and contrary to the mind and will of the plaintiff, broke and enter-_ed said shop, and put out the plaintiff therefrom, and kept him out, for the space of two months; that on the 6th…
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This was an action of trespass, in two counts. The first alleged, That on the 8th of December, 1835, the plaintiff was in possession of a blacksmith’s shop in Waterbury; that the defendants, not regarding the statute in such case provided, on said day, with force and arms, and with strong hand, and contrary to the mind and will of the plaintiff, broke and enter-_ed said shop, and put out the plaintiff therefrom, and kept him out, for the space of two months; that on the 6th of January, 1836, in pursuance of the statute against forcible entry and detainer, the plaintiff exhibited his complaint…
1Opinion of the Court
Williams, Ch. J.
The evidence offered by the defendants, on the trial, was rejected by the court, on the authority of Bliss v. Bange, 6 Conn. Rep. 78. That action was similar to this; and the evidence offered was similar. There, the defendant justified under the plea of liberum tenementum ; and the only question before this court, was, whether the plaintiff should not have judgment in his favour, notwithstanding a verdict had been given for the defendant; and upon that question, the court held, that whatever might be the common law, or the law of other states, as our statute expressly gave the…
2Cases cited2 opinions
- Churchill v. WatsonSupreme Court of Connecticut · 1811
- Bliss v. BangeSupreme Court of Connecticut · 1826
3Cited by5 opinions
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Devine v. RandSupreme Court of Vermont · 1866
- Hitchcock v. PrattMichigan Supreme Court · 1883
- Perkins v. TowleSupreme Court of New Hampshire · 1861
- Walker v. WilsonThe Superior Court of New York City · 1861