Champion v. Brooks
Massachusetts Supreme Judicial Court
The writ of error was sued out, in this case, to reverse the judgment of the Circuit Court of Common Pleas, holden for this county in January last, in an action of trespass quare clausum fregit, brought in that court by the plaintiff in error against the defendant in error. The general issue was pleaded and joined, it being agreed that under it the defendant might give in evidence a special justification, in the same manner as if he had pleaded it.
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The writ of error was sued out, in this case, to reverse the judgment of the Circuit Court of Common Pleas, holden for this county in January last, in an action of trespass quare clausum fregit, brought in that court by the plaintiff in error against the defendant in error. The general issue was pleaded and joined, it being agreed that under it the defendant might give in evidence a special justification, in the same manner as if he had pleaded it. There being a verdict for the defendant, the plaintiff" filed his bill of exceptions, as at common law, to the directions of the Court to the…
1Opinion of the CourtParsons, C. J.
The original action was trespass quare clausum, fregit; to which the defendant pleaded the general issue, which was joined; the parties agreeing that under this issue the defendant might give his justification in evidence. On the trial, a verdict was returned for the defendant, and judgment was rendered thereon. The plaintiff did not appeal, as by law he might; but filed a bill of exceptions, which having been allowed by the court below, he now brings error to reverse the judgment.
On inspecting the record, it would seem difficult to support the judgment. But of this we give no decided…
2Cases cited4 opinions
- Savage v. GulliverMassachusetts Supreme Judicial Court · 1808
- Jarvis v. BlanchardMassachusetts Supreme Judicial Court · 1809
- Putnam v. ChurchillMassachusetts Supreme Judicial Court · 1808
- Jones v. AlexanderMassachusetts Supreme Judicial Court · 1806
3Cited by10 opinions
- Perkins v. BangsMassachusetts Supreme Judicial Court · 1910
- Fuller v. StorerMassachusetts Supreme Judicial Court · 1873
- Carter v. BuchananSupreme Court of Georgia · 1847
- Peebles v. RandSupreme Court of New Hampshire · 1861
- Ryder v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1869
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