Payne v. Sheets
Supreme Court of Vermont
Trespass under V. S. 4626. Heard on the defendant’s demurrer to the second count of the declaration, at the Sej> tember Term, 1902, Franklin County, Munson, ]., presiding. Demurrer overruled and count adjudged sufficient. The defendant excepted. The plaintiff is not the owner of the locus, and has only an easement in the land. 2 R. & D. Law Die.. 915; Parmenter v. Casivell, 53 Vt. 6. The statute is penal and should be strictly construed.
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Trespass under V. S. 4626. Heard on the defendant’s demurrer to the second count of the declaration, at the Sej> tember Term, 1902, Franklin County, Munson, ]., presiding. Demurrer overruled and count adjudged sufficient. The defendant excepted. The plaintiff is not the owner of the locus, and has only an easement in the land. 2 R. & D. Law Die.. 915; Parmenter v. Casivell, 53 Vt. 6. The statute is penal and should be strictly construed. Burnett v. Ward, 42 Vt. 80; 2 Aik. 41; Adams v. Nichols, 1 Aik. 314. The plaintiff was the “owner.” Bilis v. Welch, 6 Mass. 246; Parks v. Boston, 15 Pick.…
1Opinion of the CourtWatson, J.
This action is trespass quare clausum fregit brought against the defendant under V. S. 4626, for wilfully entering upon the land described, without permission of the owner or occupant, for the purpose of shooting thereon, and the case is here on demurrer to the second count in the amended declaration. The sole contention of the defendant is that said count has no such allegation of ownership of the locus in quo in the plaintiff as enables, him to> maintain this action.
The allegation in this behalf is, that before and at the time when, and so¡ forth, the plaintiff “was, and now is, the owner…
2Cases cited14 opinions
- Geer v. ConnecticutSupreme Court of the United States · 1896
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Sterling v. JacksonMichigan Supreme Court · 1888
- Pierce v. . KeatorNew York Court of Appeals · 1877
- Beckman v. KreamerIllinois Supreme Court · 1867
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Jo-Mark Sand & Gravel Co. v. PantanellaSupreme Court of Connecticut · 1953
- Wellman v. MeadSupreme Court of Vermont · 1919
- In re Fulham's EstateSupreme Court of Vermont · 1923
- RCA Photophone Inc. v. HuffmanCalifornia Court of Appeal · 1935
- State v. HaskellSupreme Court of Vermont · 1911
19 more not listed; retrieve them via the Exa API.