Montgomery v. Edwards
Supreme Court of Vermont
Trespass qua. clau. Plea, the general issue, and trial by jury, August term, 1872, Ross, J., presiding. The declaration was as follows: “ For that the said defendant, heretofore, to wit, on the first day of May, a. d. 1870, and at divers other times between that time and the date of this writ, at Walden aforesaid, did enter upon the land of said plaintiff, said land being a part of lot number three in great lot number nineteen, in said Walden, and did then and there, without…
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Trespass qua. clau. Plea, the general issue, and trial by jury, August term, 1872, Ross, J., presiding. The declaration was as follows: “ For that the said defendant, heretofore, to wit, on the first day of May, a. d. 1870, and at divers other times between that time and the date of this writ, at Walden aforesaid, did enter upon the land of said plaintiff, said land being a part of lot number three in great lot number nineteen, in said Walden, and did then and there, without leave or license of said plaintiff, cut down and carry away a large number of trees of said plaintiff, of great value,…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The suit should have been dismissed on defendant’s motion, if the county court had no original jurisdiction of the action. If the action is an action of trespass on the freehold,, the county court had original jurisdiction. Whether the plaintiff under this declaration has the right to recover treble damages or not under the statute, the action is an action of trespass on the freehold, and must be so regarded in reference to the question of jurisdiction. The statute giving treble damages in certain cases of trespass on real estate, does not…
2Cases cited2 opinions
- Burnett v. WardSupreme Court of Vermont · 1869
- Keyes v. PrescottSupreme Court of Vermont · 1859
3Cited by8 opinions
- Avery v. SpicerSupreme Court of Connecticut · 1916
- Davenport v. NewtonSupreme Court of Vermont · 1898
- Guild v. PrentisSupreme Court of Vermont · 1910
- Smith v. FitzgeraldSupreme Court of Vermont · 1887
- Willey v. LarawaySupreme Court of Vermont · 1892
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