Perry v. . Tupper

Upon the hearing, the defendant's counsel moved to quash the proceedings and for a writ of restitution of the land, of which the plaintiffs had obtained possession under a writ of possession issued between the time when the appeal was prayed and the appeal bond given — the morning thereafter — on the ground of the want of jurisdiction of the Justice.

The plaintiff made no resistance to the motion to quash, which was granted by the Judge, but resisted the motion for an order for a writ of restitution, and proposed to show that plaintiff had title to the land and the defendant was a trespasser.…