Hathaway v. Osborne

This is an action of trespass, complaining of the town of Tiverton' for entering upon the plaintiff’s land, removing boundary walls and barriers to the inflow of the sea, and building a road across the land.

(I) The defendant pleads that the plaintiff did not file her claim with the town council within sixty days of the date of the committing of the trespasses, and the plaintiff demurs to this defence on the ground that the statute does not require notice within such time.

The defendant demurs to the third and fourth counts of the declaration, on the ground of duplicity and erroneous joinder of…