Spear v. Bicknell
Massachusetts Supreme Judicial Court
This was an action of trespass quare clausum fregit pending in Norfolk, and was originally commenced before a justice of the peace for that county.
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This was an action of trespass quare clausum fregit pending in Norfolk, and was originally commenced before a justice of the peace for that county. The plaintiff alleges the trespass to have been committed on the 5th of July, 1807. * Before the justice the defendant appeared and [*126] pleaded in bar, that the locus in quo is part of a highway for all citizens of the commonwealth, with their cattle, teams and carriages, to pass and repass at their pleasure; that at the time when, &e. a part of the said highway was wrongfully encumbered with a gate, which obstructed his passage, and which he…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
[After p history of the action and the pleadings.] Upon this record we are to decide for which of the parties judgment is to be rendered.
[ *129 ] * The first question arising on the record is, whether title to real estate was pleaded in bar, so that the justice could not proceed. For if it was not, the justice ought to have rejected the plea, required the general issue, and proceeded to trial; and from his judgment either party aggrieved might have appealed to the Court of Common Pleas; and in no other way can that Court have…
2Cases cited3 opinions
- Strout v. BerryMassachusetts Supreme Judicial Court · 1811
- Dunning v. OwenMassachusetts Supreme Judicial Court · 1817
- Jenkins v. StanleyMassachusetts Supreme Judicial Court · 1813
3Cited by17 opinions
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- Mitchell v. StarbuckMassachusetts Supreme Judicial Court · 1813
- Warwick v. MayoSupreme Court of Virginia · 1860
- Roosevelt v. Heirs of FultonNew York Supreme Court · 1827
- Whitman v. Town of PownalSupreme Court of Vermont · 1847
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