Leatherbee v. Barrett
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiffs’ close. The first count of the declaration was as follows: “ The plaintiffs say that the defendant, on divers days and times, forcibly entered the plaintiffs’ close, being premises now numbered 25 Shavings Street, in said Boston, and more fully described in deed of Daniel Hill to James W. Leatherbee, dated August 15, 1823, and recorded in Suffolk Registry of Deeds, Lib. 285, fol. 117, and tore down, demolished, took, and carried…
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Tort for breaking and entering the plaintiffs’ close. The first count of the declaration was as follows: “ The plaintiffs say that the defendant, on divers days and times, forcibly entered the plaintiffs’ close, being premises now numbered 25 Shavings Street, in said Boston, and more fully described in deed of Daniel Hill to James W. Leatherbee, dated August 15, 1823, and recorded in Suffolk Registry of Deeds, Lib. 285, fol. 117, and tore down, demolished, took, and carried away a wooden stable belonging to the plaintiffs, and standing thereon, and converted the same to his use.” The answer…
1Opinion of the Court
By the Court.
The Pub. Sts. c. 167, § 6, require that “ in actions of tort for breaking and entering the plaintiff’s close, the place of the alleged trespass shall be designated in the declaration by name, abuttals, or other proper description.” The defendant in the present case did not demur to the declaration, *533or ask the court to order the plaintiffs to file a statement of any particulars concerning the nature and grounds of the action, pursuant to the Pub. Sts. c. 167, § 61; but at the trial he asked the court to rule that the place was not sufficiently described in the declaration, and…
2Cases cited1 opinion
- Hall v. MayoMassachusetts Supreme Judicial Court · 1867
3Cited by3 opinions
- Dyecraftsmen, Inc. v. FeinbergMassachusetts Supreme Judicial Court · 1971
- Foley v. McCarthyMassachusetts Supreme Judicial Court · 1892
- Edwards v. WoodburyMassachusetts Supreme Judicial Court · 1892