Piper v. Connelly

This was an action of trespass quare clausum fregit, for breaking and entering'the close of the plaintiff and cutting and carrying away his ice. The pleas were the general issue and liberum tenementum. The jury found the defendants guilty, and assessed the plaintiff’s damages at $75. Plaintiff thereupon moved the court for a new trial, but the court overruled the motion, and gave judgment upon the verdict. The plaintiff prosecutes this appeal to reverse that judgment.

A question in limine, raised by a motion of the defendants to dismiss the appeal for want of jurisdiction in this court, is,…