Grout v. Knapp
Supreme Court of Vermont
This is au action of trespass, guare clausum fregit, to which the defendant pleaded specially, and the plaintiff demurred. The court, at the September Term, 1867, Barrett, J., presiding, overruled the demurrer, adjudged the plea sufficient, and rendered judgment for the defendant, — to which the plaintiff excepted. Declaration.
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This is au action of trespass, guare clausum fregit, to which the defendant pleaded specially, and the plaintiff demurred. The court, at the September Term, 1867, Barrett, J., presiding, overruled the demurrer, adjudged the plea sufficient, and rendered judgment for the defendant, — to which the plaintiff excepted. Declaration. “In a plea of trespass for that the defendant heretofore, to wit: On the 1st day of May, A. D. 1865, and on divers other days and times between said day and the commencement of this suit, with force and arms broke and entered the plaintiff’s close in said Stratton, and…
1Opinion of the Court
The opinion of the court was delivered by
Prout, J.
This is an action quare clausumfregit, the plaintiff’s declaration, alleging the breaking and entering of the plaintiff’s close by the defendant, to have been on the 1st day of May, A. D. 1865, and on divers other days and times between that day and the commencement of the suit, and the destruction of the plaintiff’s fence and gate, with formal averments appropriate to that form of action. The defendant pleaded in defence, a public right of way, and that, having occasion to use it, when, &c., he entered the locus in quo for that purpose,…
2Cases cited1 opinion
- Hubbele v. WheelerSupreme Court of Vermont · 1827
3Cited by6 opinions
- Lawrence v. O'NeillMassachusetts Supreme Judicial Court · 1944
- Armstrong v. ColbySupreme Court of Vermont · 1875
- Warner v. HoisingtonSupreme Court of Vermont · 1869
- Sawyer v. ChildsSupreme Court of Vermont · 1910
- Howard v. BlackSupreme Court of Vermont · 1869
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