Rentschler v. Fox
Michigan Supreme Court
Error to Wayne; Hosmer, J. Trespass quare clausum fregit by John E. Rentschler against David W. Pox. Prom a judgment for defendant, plaintiff brings error.
1Opinion of the CourtMontgomery, J.
This is an action of trespass. The declaration contains two counts, — one for breaking and entering the dwelling house of plaintiff, the other .for breaking and entering a store building occupied by plaintiff. The defendant j ustified his breaking by a plea setting up that he entered the two buildings in question while acting as a constable in the city of Detroit, and for the purpose of serving a writ of replevin.
*499The testimony offered by defendant tended to show that he visited the plaintiff at his store on Third avenue, and said to him that he had a writ of replevin for his shop fixtures and…
2Cases cited1 opinion
- Howe v. OyerNew York Supreme Court · 1889
3Cited by2 opinions
- Marshall v. WheelerSupreme Judicial Court of Maine · 1925
- State v. PopeWashington Supreme Court · 1940