Mansfield v. Church
Supreme Court of Connecticut
IN ERROR. This was an action of trespass quare clausum fregit and de bonis asportatis, brought by Church against Mansfield. The declaration contained four counts; to which the defendant pleaded a general denial of the truth of the matters alledged therein.
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IN ERROR. This was an action of trespass quare clausum fregit and de bonis asportatis, brought by Church against Mansfield. The declaration contained four counts; to which the defendant pleaded a general denial of the truth of the matters alledged therein. He also gave notice in writing, that he should give in evidence and offer to prove, on the trial of the cause, that the several pieces of land described in the declaration, were, when the several acts of the defendant are alledged to have been committed, the soil and freehold of the defendant, and he had right to do whatever acts were by…
1Opinion of the CourtHinman, J.
The question raised on this motion, is, whether the superior court erred in taxing full costs in favour of the defendant in error, who, as plaintiff below, in an action of trespass quare clausum, recovered against the plaintiff in error something less than thirty-five dollars damages.
The plea to the action of trespass was, a general denial of the matters contained in the declaration, accompanied with notice, that the defendant would give in evidence, that the land described in the declaration, was the soil and freehold of the defendant, at the several times when, &c.; and, also, that he would…
2Cited by2 opinions
- Fowler v. FowlerSupreme Court of Connecticut · 1884
- White v. FullerSupreme Court of Connecticut · 1869