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trespass ab initio

Defined in 2 dictionaries — Case Law, Ballentine's (1916)

Definitions from Case Law

From 273 U.S. 95 - McGuire v. United States · 1927Most cited · 211 citing opinions

where one enters the premises of another under authority of law, his subsequent misconduct while there taints the entry from the beginning with illegality. This fiction, obviously invoked in support of a policy of penalizing the unauthorized acts of those who had entered under authority of law, has only been applied as a rule of liability in civil actions against them.

Ballentine's Law Dictionary

James A. Ballentine · 1916

A trespass from the time of one’s entry by reason of a trespass committed subsequently thereto in case the entry was by special license of law and not by license or permission of the tenant. See 59 Vt. 437, 9 S. E. 601. See, also, Six Carpenters’ Case.