Gilbert v. Kennedy
Michigan Supreme Court
Error to Lenawee Circuit. This was an action of trespass guare clausum fregit brought by Asa A. Kennedy, before a Justice of the Peace in the County of Lenawee, against Warren Gilbert.
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Error to Lenawee Circuit. This was an action of trespass guare clausum fregit brought by Asa A. Kennedy, before a Justice of the Peace in the County of Lenawee, against Warren Gilbert. The plaintiff declared in writing, — “For that heretofore, to wit: on the twenty-fourth day of June, one thousand eight hundred and sixty-eight, at Home, in said County of Lena-wee, and on divers other days and times, between that day and the commencement of this suit, with force and arms, etc., broke and entered the close of the plaintiff, situate,”— describing the place where the alleged trespass was…
1Opinion of the Court
Campbell, Cu. J.
Kennedy sued Gilbert before a Justice, for trespass quare clausum fregii, and the suit was removed to the Circuit Court for Lenawee County, on plea of title.
The declaration laid the trespass with a continuando on the 24th day of June, 1868, and on divers days and times between that day and the commencement of suit, August 4, 1868.
A general question was asked, whether Gilbert put any cattle on the premises during the summer of 1868. This was objected to unless confined within the period named, but the objection was overruled, and testimony was given, *15showing the putting of…
2Cases cited2 opinions
- Pierce v. PickensMassachusetts Supreme Judicial Court · 1820
- McFarland v. CraryNew York Supreme Court · 1828
3Cited by10 opinions
- Hamilton v. SmithMichigan Supreme Court · 1878
- Jeffery v. HurshMichigan Supreme Court · 1885
- United States v. Joan McCoyCourt of Appeals for the Sixth Circuit · 1989
- Illinois & St. Louis Railroad & Coal Co. v. CobbIllinois Supreme Court · 1879
- Davenport v. DevenauxSupreme Court of Arkansas · 1885
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