Hale v. Monroe
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County. This was an action of trespass quare clausum fregit, instituted by the appellee against- the appellant in the Circuit Court for Baltimore county, on the 9th of June, 1855. The trespass complained of was the removal of a fence, forming part of the enclosure of a field of about seventy acres in Long Green valley, in said county. Two juries, sworn in the case, failing to agree, were discharged.
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Appeal from the Circuit Court for Howard County. This was an action of trespass quare clausum fregit, instituted by the appellee against- the appellant in the Circuit Court for Baltimore county, on the 9th of June, 1855. The trespass complained of was the removal of a fence, forming part of the enclosure of a field of about seventy acres in Long Green valley, in said county. Two juries, sworn in the case, failing to agree, were discharged. On the 1st of September, 1859, upon the suggestion and affidavit of the appellee, (plaintiff below,) the case was removed to the Circuit Court for Howard…
1Opinion of the CourtStewart, J.
The record, in this case, shows that the appellee instituted an action of trespass queere clausum fregit, in the Circuit Court for Baltimore county, against the appellant, who pleaded “not guilty ” to the same. An agreement was made by the parties, that the appellant, under that plea, might make any defence *112which could have been specially pleaded; and the appellee, could offer in evidence, whatever might be introduced, upon any replication to such pica.
In the progress of the case, it was removed to Howard county, and at the trial, there- was testimony on both sides, and chiefly, as to the…
2Cases cited2 opinions
- Hall v. GittingsCourt of Appeals of Maryland · 1806
- Rhodes v. VinsonCourt of Appeals of Maryland · 1850
3Cited by6 opinions
- Preston v. PrestonCourt of Appeals of Maryland · 1926
- In Re Estate of HullCourt of Appeals of Maryland · 1933
- Tinnan v. FitzpatrickCourt of Appeals of Maryland · 1913
- King v. BorkCourt of Appeals of Maryland · 1934
- James v. ParkerCourt of Appeals of Maryland · 1917
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