Holly v. Brown
Supreme Court of Connecticut
This was an action of trespass. The declaration stated* That at Stamford, on the 1st of April, 1839, the plaintiff was in the lawful and quiet possession and occupancy of the room over the store of Andrew Perry in said Stamford, situated a few rods West of the town-house ; in which room the plaintiff had, for the year preceding that time, published, and was then engaged in publishing, a news-paper, called “ The Democratic Sentinel,” and had in said room divers articles, of…
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This was an action of trespass. The declaration stated* That at Stamford, on the 1st of April, 1839, the plaintiff was in the lawful and quiet possession and occupancy of the room over the store of Andrew Perry in said Stamford, situated a few rods West of the town-house ; in which room the plaintiff had, for the year preceding that time, published, and was then engaged in publishing, a news-paper, called “ The Democratic Sentinel,” and had in said room divers articles, of great value, which he then and there owned and possessed, and used in publishing said news-paper, viz. one cast-iron…
1Opinion of the CourtStorrs, J.
The declaration in this case is so inartificially drawn, that it is dificult to determine whether the entry upon the plaintiff’s close and also the asportation of his property, or the asportation alone, is to be deemed the gravamen of the action. If, on this point, there is a fair doubt, from which the defendants can claim a benefit, it would be consonant with general principles to adopt the former construction, since it is the most unfavourable for the plaintiff, who was bound to be more precise in his pleading. The result, however, to which we have come, would not be varied in whichsoever…
2Cases cited2 opinions
- Wheelock v. YoungNew York Supreme Court · 1830
- Hyde v. MorganSupreme Court of Connecticut · 1840
3Cited by23 opinions
- Church v. MeekerSupreme Court of Connecticut · 1867
- Scharfenburg v. BishopSupreme Court of Iowa · 1872
- Kovner v. DubinSupreme Court of Connecticut · 1926
- Oviatt v. PondSupreme Court of Connecticut · 1861
- Havens v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1859
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