¶1rendered judgment for the defendant, upon the demurrer to the evidence, on the ground that it was necessary for the plaintiff, in this action of trespass vi et armis, to prove either actual force, or a knowledge on the part of the defendant that the young man was under age.
2 D.C. 318
Somboy v. Loring
Decided May 15, 1822
Trespass vi et armis, for taking away the plaintiff’s son and servant per quod servitium amisit. Demurrer to the evidence. contended that the action should have been trespass on the case ■— not vi et armis ; but that if trespass vi et armis will lie, the plaintiff must prove either actual force, or that he seduced the boy knowingly, that is, knowing the plaintiff’s right to his service. But the evidence shows that he did not know it. 2 Chitty on Pleading, 237, 238.
Decided 1822-05-15