Goodrich v. Judevine
Supreme Court of Vermont
Trespass guare clausum fregit. The defendant filed several pleas as set forth with other facts in the opinion of the court. The question discussed in the opinion, and decided by the court, arose upon demurrer to the fourth and fifth pleas — which were alike, except in the beginning and conclusion.
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Trespass guare clausum fregit. The defendant filed several pleas as set forth with other facts in the opinion of the court. The question discussed in the opinion, and decided by the court, arose upon demurrer to the fourth and fifth pleas — which were alike, except in the beginning and conclusion. The fourth plea was as follows, viz : “ And for further plea in this behalf, by leave of the court for that purpose, first had and obtained, the defendant, by his attorney, Timothy P. Redfield, comes and defends the wrong and force, when, &c., and says that the plaintiff ought not to have and…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
The plaintiff’s declaration is in trespass quare clausum frecjit, for the breaking and entering by the defendant, on the 1st day of April, 1853, of a certain close of the plaintiff’s in Hard-wick, (which is described,) and then and there, on the said 1st day of April, and on the 2d and 3d days of the same month, breaking down the plaintiff’s fences, and, with cattle, horses and men, treading down the herbage there growing, and taking and carrying away from the premises the plaintiff’s buildings and timbers and other materials of great value,…
2Cases cited2 opinions
- Wheelock v. YoungNew York Supreme Court · 1830
- Judevine v. GoodrichSupreme Court of Vermont · 1861
3Cited by2 opinions
- Ellis v. ClevelandSupreme Court of Vermont · 1882
- Gregoir v. LeonardSupreme Court of Vermont · 1899