Cook v. Morea

This was an action by the appellee against ■the appellant, brought before a. justice of the peace, to recover damages for trespass by the defendant’s cattle upon the plaintiff’s cornfield.

Appeal by the'defendant to the court of common pleas, where, upon trial, the plaintiff'obtained a verdict anil judgment.

In the common pleas, the defendant moved to dismiss the action because of the insufficiency of the complaint, but the motion was overruled. The objection urged to the ■ complaint is, that it does not allege that the cornfield was ■enclosed by a lawful fence, or aver that the entry was made…