Gibbs v. Chase
Massachusetts Supreme Judicial Court
Trespass for taking and carrying away four hundred tons of timber, on the 23d day of March, 1810. The defendant pleaded the general issue, which was joined.
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Trespass for taking and carrying away four hundred tons of timber, on the 23d day of March, 1810. The defendant pleaded the general issue, which was joined. He also filed a brief statement, pursuant to the statute, in which he avowed and justified, as a coroner for this county, the taking of three hundred and eighty-six tons and three quarters of a ton of timber, having attached it as the property of Amos Ordioay, by virtue of an original writ, in favor of Israel Smith against Seth Mitchell and the said Ordioay, on the 30th of October, 1809, and having seized it on the 19th of March, 1810, by…
1Opinion of the CourtSewall, J.
The exceptions bring before us these questions:
1. Whether there is any evidence of a trespass in this case, the jury having been instructed that the plaintiff must fail in his action, for want of evidence to prove a forcible taking by Chase, the defendant, of the timber in question.
We think this direction to the jury incorrect. The brief statement admits the taking, and no actual force is necessary to be proved, (a) An owner may admit himself dispossessed and deprived of a personal chattel, for the sake of his remedy. He who interferes with my goods, and, without any delivery by me, and…
2Cases cited13 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Starr v. JacksonMassachusetts Supreme Judicial Court · 1814
- Baker v. FalesMassachusetts Supreme Judicial Court · 1819
- Jackson v. StetsonMassachusetts Supreme Judicial Court · 1818
- Pangburn v. PatridgeNew York Supreme Court · 1810
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3Cited by1 opinion
- Andrews v. HoxieTexas Supreme Court · 1849