Public-domain · open source
OpenJurist

75 Mass. 207

Phelps v. Morse

Massachusetts Supreme Judicial Court

Decided October 15, 1857

Massachusetts Supreme Judicial Court · decided 1857-10-15

Action of tort, commenced before a justice of the peace. The declaration alleged that “the defendant forcibly entered the plaintiff’s close,” (described,) “ and took and carried away two cedar posts erected and set up for the purposes of designating the boundaries of said close, and converted them to his own use.” The defendant by an oral plea denied the plaintiff’s right to maintain the action.

Decided 1857-10-15

By the Court.

¶1The allegation of the removal of the posts was merely by way of aggravation, and disproving that did not defeat the action. Eames v. Prentice, 8 Cush. 337. Knapp v Slocomb, ante, 75. Exceptions overruled.

/75/mass/207 · .json · Public domain