Brock v. Berry
Supreme Judicial Court of Maine
Trespass q,uare clausum, commenced in the Municipal Court. In the District Court, Cole, J., a motion was made, that the writ be abated, because the statute form was not pursued, inasmuch as the words, and for ivant thereof to take the body of the said” Berry “ and him safely keep so that he may be had,” were omitted. The motion was overruled. The general issue was then pleaded.
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Trespass q,uare clausum, commenced in the Municipal Court. In the District Court, Cole, J., a motion was made, that the writ be abated, because the statute form was not pursued, inasmuch as the words, and for ivant thereof to take the body of the said” Berry “ and him safely keep so that he may be had,” were omitted. The motion was overruled. The general issue was then pleaded. Plaintiff introduced the deposition of Susan Fuller, an inmate of his family, and there rested his case. The deposition stated, in substance, that the plaintiff with his family, was occupying a house in Portland; that,…
1Opinion of the Court
Howard, J., orally.
We hold, with the District Court, that the motion to abate the writ was too late.
The facts tend to show that the tenancy was at will; but the parties have agreed it was at sufferance. The owner, then, had no right to enter by force. The tenant was entitled to reasonable time in which to remove, and might stay till removed by legal process. The owner had a legal remedy; he adopted an illegal one. Action sustained.
2Cited by2 opinions
- Entelman v. HagoodSupreme Court of Georgia · 1895
- Simmons v. ThompsonOhio Superior Court, Cincinnati · 1855