Bliss v. Bange
Supreme Court of Connecticut
This was an action of trespass quare clausum fregit, brought on the statute directing proceedings against forcible entry and detainer, demanding treble damages.
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This was an action of trespass quare clausum fregit, brought on the statute directing proceedings against forcible entry and detainer, demanding treble damages. The declaration stated, That on the 9th of December, 1823, the plaintiff was in the actual and peaceable possession of the locus in quo, when the defendant, with force and strong hand, entered upon the same, and broke open divers doors of the plaintiff’s barn thereon standing, and broke to pieces divers locks, staples and hinges of said doors, and ejected the plaintiff and kept him from the possession, use and occupation of the…
1Opinion of the CourtDaggett, J.
There can he no doubt but that this motion ought to prevail, if an action of trespass can be maintained, under the statute, where the plaintiff, being in possession, has been forcibly ejected from lands or tenements, by the true owner: because enough is admitted, on that supposition, by this plea, to shew a clear cause of action. Does, then, the statute “ directing proceedings against forcible entry and detain-er,” by the Sth section, give the plaintiff an action of trespass ?
It is urged, by the couusel for the defendant, that the English statute, and that of the state of New-York, are…
2Cited by9 opinions
- Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
- Orentlicherman v. MatareseSupreme Court of Connecticut · 1923
- Gesualdi v. Connecticut Co.Supreme Court of Connecticut · 1945
- Sullivan v. DelisaConnecticut Appellate Court · 2007
- Carrier v. CarrierSupreme Court of Connecticut · 1912
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