Perry v. Carr
Supreme Court of Vermont
Trespass in four counts, to which the defendant pleaded the general issue, and four special pleas in bar, to which the plaintiff replied. Tidal by jury, September term, 186T, Barrett, J., presiding.
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Trespass in four counts, to which the defendant pleaded the general issue, and four special pleas in bar, to which the plaintiff replied. Tidal by jury, September term, 186T, Barrett, J., presiding. The plaintiff’s evidence tended to show that on the 16th day of March, 1861, he owned and was possessed of a store of goods in Londonderry, that on that day the defendant entered the store, and took possession of it, and continued to stay until the 18th day of March, when he took the plaintiff by the collar, and pulled him along out of said store. The plaintiff testified “ that the defendant…
1Opinion of the Court
The opinion of the court was delivered 'by
Wilson, J.
The questions which this case presents for adjudication arise from the charge of the court below upon the issues raised by the pleas and replication thereto, relating to the first and third counts of the declaration. These counts allege, among other things, “ that the defendant broke and entered the plaintiff’s store, and with force and arms, ejected, expelled, put out and removed the plaintiff from said store, and from the possession, use, and occupation and enjoyment thereof, for the space of twenty days.” The defendant, in his special…
2Cited by2 opinions
- Pollak v. SearcySupreme Court of Alabama · 1887
- Batchelder v. FrankSupreme Court of Vermont · 1876