Pierce v. Pickens
Massachusetts Supreme Judicial Court
Trespass quare clausum fregit. The writ was tested on the 26th of August, 1819; and it is alleged, in the declaration, that the defendant, on the 1st of May, 1818, and on divers days and times between that day and the * day of the pur- [ * 471 ] chase of the writ, broke and entered the close, and there cut down and carried away forty trees. Trial, on the general issue, before Jackson, J., in May last, at Taunton.
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Trespass quare clausum fregit. The writ was tested on the 26th of August, 1819; and it is alleged, in the declaration, that the defendant, on the 1st of May, 1818, and on divers days and times between that day and the * day of the pur- [ * 471 ] chase of the writ, broke and entered the close, and there cut down and carried away forty trees. Trial, on the general issue, before Jackson, J., in May last, at Taunton. The lands of the plaintiff and defendant adjoined each other, and the boundary was in dispute. The plaintiff proved the cutting of trees by the defendant, within the time laid in the…
1Opinion of the CourtJackson, J.
I concur entirely with brethren, in aside this verdict. After the plaintiff had undertaken f * 472 J *to prove one or more trespasses within the times mentioned in the declaration, I ought not to have admitted evidence of any trespass at any other time.
Originally every declaration in trespass seems to have been confined to one single act of trespass. When the injury was of a kind that could be continued without intermission, from time to time, the plaintiff was permitted to declare with a continuando, and the whole was considered as one trespass. In move modern times, in order to save the…
2Cited by11 opinions
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