Crenshaw v. Moore
Supreme Court of Georgia
Trespass, in Troup Superior Court. Tried before Judge Hill, May Term, 1851. This was an action of trespass, brought by the plaintiff in error against the defendant in error, for the recovery of damages.
Read the full summary
Trespass, in Troup Superior Court. Tried before Judge Hill, May Term, 1851. This was an action of trespass, brought by the plaintiff in error against the defendant in error, for the recovery of damages. The declaration alleges that the defendant entered, on the thirteenth day of October, eighteen hundred and forty-nine, into a certain field of the plaintiff, and took out or off of the said field about four thousand pounds of seed cotton, of defendant’s, of the value of $160 00. The defendant pleaded specially, that the cotton mentioned in plaintiff’s declaration, belonged to defendant, under…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] After the evidence in this cause had been submitted to the Jury on both sides, the defendant below moved the Court to non-suit the plaintiff, upon the ground that he had failed to prove possession of the property upon which the trespass was alleged to have been committed. The motion was granted, and the bill of exceptions claims, that the Court erred in awarding the non-suit, “ upon the single ground that no evidence of possession was shown by and on the part of the plaintiff, in the trial of the cause.” It would seem that the non-suit was…
2Cases cited2 opinions
- Bird v. HempsteadU.S. Circuit Court for the District of Connecticut · 1808
- Williams v. LewisConnecticut Superior Court · 1807
3Cited by1 opinion
- Haines v. BeachMichigan Supreme Court · 1892