Lowitz v. Leverentz

This action was commenced in justice’s court to recover damages for a trespass upon lands alleged to be in the possession of the plaintiff and respondent, by destroying and breaking down the fence thereon and cutting down the posts of said fence. The defendant pleaded not guilty, and gave notice that at the time alleged in the complaint he was licensed by the plaintiff and another to travel over the place where said trespass was alleged to have been committed, and that if any fence or posts were removed therefrom by him, it was for the purpose only of removing *597obstructions in the way of such…