Linscott v. Fuller
Supreme Judicial Court of Maine
On report. Assumpsit. Writ dated May 22, 1867. The defendant was summoned as trustee of this plaintiff, on May 18,1867, in an action of trespass quare clausum, brought in the name of -Nathaniel Bry■ant, Jr., et ais. y. Charles C. Lanscott Samuel H. Puller, trustee.
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On report. Assumpsit. Writ dated May 22, 1867. The defendant was summoned as trustee of this plaintiff, on May 18,1867, in an action of trespass quare clausum, brought in the name of -Nathaniel Bry■ant, Jr., et ais. y. Charles C. Lanscott Samuel H. Puller, trustee. This defendant contended that this action should be continued to await the result in the action of trespass, under the provisions of R. S. of 1857, c. 86, § 56; but the presiding judge otherwise ordered, and ruled that an action of trespass quare clausum could not be commenced by trustee process. Thereupon the case was- reported to…
1Opinion of the CourtAppleton, C. J.
By R. S., 1857, c. 86, § 1, “all personal actions except those of detinue, replevin, actions on the case for a malicious prosecution, for slandering by writing and speaking, and for assault and battery, may be commenced by trustee process,” &c. Is trespass quare clausum fregit a personal action ?
“ Actions are divided into real, personal, and mixed. Real actions are those brought for specific recovery of land, tenements, and hereditaments. Personal, are those brought for specific recovery of goods and chattels, or for damages or other redress; for breach of contract or other injuries, of…
2Cited by3 opinions
- Woolf v. McGaughSupreme Court of Alabama · 1911
- Bray v. SpencerSupreme Judicial Court of Maine · 1951
- McNeely v. City of NatchezMississippi Supreme Court · 1927