Rowland v. Rowland
Ohio Supreme Court
This case was reserved in the county of Richland, upon a motion for a new trial. The plaintiff, on October 30, 1832, commenced an action of trespass guare clausum fregit, in the court of common pleas, which’ came into this court by appeal. The declaration contains several counts, in all of which the trespass complained of is laid as having been committed in the month of April, 1826. In one count it is laid with a continuance.
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This case was reserved in the county of Richland, upon a motion for a new trial. The plaintiff, on October 30, 1832, commenced an action of trespass guare clausum fregit, in the court of common pleas, which’ came into this court by appeal. The declaration contains several counts, in all of which the trespass complained of is laid as having been committed in the month of April, 1826. In one count it is laid with a continuance. To this declaration the defendant pleaded the general issue, and gave notice that on the trial of the cause he would give evidence in bar of the action; that none of the…
1Opinion of the Court
Judge Hitchcock
delivered the opinion of the court:
If the instructions given by the court to the jury were correct, there can be no pretense that the verdict in this case was against the evidence; on the contrary, it was in perfect conformity with that evidence. It is only necessary, therefore, to consider whether the court was mistaken as to the law of the case.
In order to maintain an action of trespass, quare clausum fregit, it is well settled that the plaintiff must bo in the actual or constructive possession of the premises upon which the trespass is committed at the time of the trespass.…
2Cases cited2 opinions
- Case v. ShepherdNew York Supreme Court · 1800
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