Stearns v. Sampson
Supreme Judicial Court of Maine
ON exceptions, and motton to set aside the verdict as being against law. TRESPASS. The writ contained three counts; one for breaking and entering the plaintiffs’ close and carrying away the household furniture; the second, for taking and carrying away the household furniture of the wife; and the third, for assault on the wife.
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ON exceptions, and motton to set aside the verdict as being against law. TRESPASS. The writ contained three counts; one for breaking and entering the plaintiffs’ close and carrying away the household furniture; the second, for taking and carrying away the household furniture of the wife; and the third, for assault on the wife. There was evidence, tending to show that the plaintiffs had been in the peaceable possession of the premises in controversy for more than twenty years; that the defendant received the legal title in September, 1869; that the husband plaintiff, being absent most of the…
1Opinion of the CourtAppleton, C. J.
The writ in this Case contains three counts,— for trespass quare clausum, for an assault and battery upon the female plaintiff, and for taking and carrying away her goods.
The presiding justice, in his charge to the jury, assumed that the legal title to the premises upon which the alleged trespasses were committed, was in the defendant; that G-eorge B. Stearns had been a tenant therein; that the defendant had given him legal notice to quit; that his tenancy had been terminated, and that he thenceforth became a tenant at sufferance.
The defendant, these facts being unquestioned, after having…
2Cases cited5 opinions
- Hyatt v. WoodNew York Supreme Court · 1809
- Willard v. WarrenNew York Supreme Court · 1837
- Erwin v. OlmstedNew York Supreme Court · 1827
- Ives v. IvesNew York Supreme Court · 1816
- Sheetz v. HuberSupreme Court of Pennsylvania · 1873
3Cited by8 opinions
- Republic Iron & Steel Co. v. SelfSupreme Court of Alabama · 1915
- Pendill v. Union Mining Co.Michigan Supreme Court · 1887
- Buchanan v. CritesUtah Supreme Court · 1944
- Smith v. ReederOregon Supreme Court · 1892
- Mercil v. BrouletteSupreme Court of Minnesota · 1896
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