Bugbee v. Davis
Massachusetts Supreme Judicial Court
Tort, by Henry F. Bugbee and Sophia A. Bugbee, for breaking and entering the plaintiffs’ close in Dudley. Trial in the Superior Court, without a jury, before Maynard, J., who found for the defendant; and the plaintiffs alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action for a trespass on the plaintiffs’ close. The defendant justifies under a right of way. At the trial the plaintiffs put in the record of a judgment by default after issue joined in a former action of trespass between the same parties as to the same close, in which the defendant justified under a right of way, and they asked for a ruling that the *34judgment was conclusive of the issues in the present suit, except the acts of trespass and the damages. This ruling was refused, and rightly. It is enough to sustain the refusal, that the earlier declaration alleged not only that the…
2Cases cited5 opinions
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Lea v. LeaMassachusetts Supreme Judicial Court · 1868
- Littlefield v. HuntressMassachusetts Supreme Judicial Court · 1870
- Stapleton v. DeeMassachusetts Supreme Judicial Court · 1882
3Cited by3 opinions
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- Stone v. AddyMassachusetts Supreme Judicial Court · 1897