Babcock v. Lamb
New York Supreme Court
Certiorari to a Justice’s Court. Babcock sued Lamí- and Doty in trespass qüare clausum freserunt. The defend- , . _ . . 69 _ ants pleaded the general issue, which was tried by jury. The P^aintifF proved that the defendants broke and entered his fields, threw down his fences^ and passed over his crops with >vaggons. The defendants offered to prove that the locus in quo was a publick highway.
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Certiorari to a Justice’s Court. Babcock sued Lamí- and Doty in trespass qüare clausum freserunt. The defend- , . _ . . 69 _ ants pleaded the general issue, which was tried by jury. The P^aintifF proved that the defendants broke and entered his fields, threw down his fences^ and passed over his crops with >vaggons. The defendants offered to prove that the locus in quo was a publick highway. This was objected to by the plaintiff, as inadmissible, without being specially pleaded or notice thereof being given; but the Justice decided that the defendants might shew the plaintiff out of…
1Opinion of the Court
Curia, per Savage, Ch. J.
Two questions are raised for the consideration of the Court.
1. Were the defendants entitled to give in evidence, that the locus in quo was an highway, under the plea of the general issue ?
2. If so, were the proceedings of the commissioners regular, they having never, all of them, had a previous meeting, deliberation and decision on the subject ?
In trespass on land, the plea of not guilty puts in issue the facts necessary to constitute the trespass; and under it the defendant may shew title or possession in himself, or those under whom he claims. But when the act…
2Cases cited2 opinions
- Demick v. ChapmanNew York Supreme Court · 1814
- Purrington v. LoringMassachusetts Supreme Judicial Court · 1811
3Cited by9 opinions
- City of Dubuque v. MaloneySupreme Court of Iowa · 1859
- First National Bank v. Town of Mount TaborSupreme Court of Vermont · 1879
- DENHAM ET UX v. CuddebackOregon Supreme Court · 1957
- Deaton v. County of PolkSupreme Court of Iowa · 1859
- In re the Town of RutlandNew York Supreme Court · 1910
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