Penny v. Little

The plaintiff, Penny, sued the defendants, in an action of trespass, at the November term, 1838, of the Circuit Court of Schuyler county. The defendants pleaded the general issue, which was joined, and also three special pleas, justifying the supposed trespass, under a landlord’s warrant for rent. The plaintiff demurred to the special pleas, and the demurrer being joined, was overruled by the Court, and, the plaintiff failing to answer further, judgment was rendered against him for costs, at the April term, 1841.

The errors assigned are,

First. The Court erred in deciding the law to be against…