Cuminge v. Rawson
Massachusetts Supreme Judicial Court
This was an action of trespass quare clausum fregit, originally commenced before a justice of the peace for the county of Oxfora. The trespass alleged was the breaking and entering the plaintiff’s close in Paris, being part of his farm adjoining that of the defendant, and throwing down ten rods of the plaintiff’s stone wall and five rods of his rail fence, and treading down his grass, &c.
Read the full summary
This was an action of trespass quare clausum fregit, originally commenced before a justice of the peace for the county of Oxfora. The trespass alleged was the breaking and entering the plaintiff’s close in Paris, being part of his farm adjoining that of the defendant, and throwing down ten rods of the plaintiff’s stone wall and five rods of his rail fence, and treading down his grass, &c. The defendant appeared before the justice, and pleaded the title of himself to the close in justification, whereupon the justice, pursuant to the statute (1) in such case provided, ordered the defendant to…
1Opinion of the Court
By the Court.
This being the same close, the defence will not be varied by the amendment offered. The plaintiff may make any amendments in his declaration, by alleging any torts in the same close, or by giving a more accurate description of the close.
2Cited by3 opinions
- Venable v. BurtonSupreme Court of Georgia · 1903
- Bogart v. M'DonaldNew York Supreme Court · 1801
- Peck v. BaconSupreme Court of Connecticut · 1847