Owings v. Ulory

Judge Owsley

delivered the opinion.

This-was an action of trespass, quare clausum fregit, brought by Uiory to recover damages lor Otvings’ entering upon his close, culling down, and carrying away a number of timber trees, &c.

The trial was had on the general issue, with leave for Owings to give any special matter in evidence.

During the progress of the trial, and after Uiory had gone through his evidence, the counsel of Owings moved the court to instruct the jury to find as in case of a non-suit ; but his motion was overruled, and exceptions taken to the opinion of the court.

This court is of…