Bailey v. Osborn

The opinion of the court was delivered by

Swayze, J.

The plaintiff’s declaration in this case is extremely prolix and inartificial. He seems to have thought it necessary to meet by anticipation a possible claim of the defendants that they were acting under the authority of chapter 93 of the laws of 1903. Pamph. I., p. 131. The defendants, not to be outdone, have joined a plea in abatement of the writ with pleas in bar of the action. Such pleading cannot be too severely condemned. It is, however, possible to spell out of the pleadings a declaration in trespass quare clausum fregit and a plea of…