The Law of Remedies for Torts Including Replevin Real Action Pleading Eviden

Cover The Law of Remedies for Torts Including Replevin Real Action Pleading Eviden
The Law of Remedies for Torts Including Replevin Real Action Pleading Eviden
Hilliard, Francis, 1806-1878
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■♦ Wood V. Prescott, 2 Mass. 174.
•-i Kelley v. Taylor, 17 Pick. 218.
(a) In Wisconsin, under the old prac- tlie facts, to sliow jurisdiction. Roys v. Tice. A justification of a trespass under a Lull, D Wis. O24. Justice's execution must set out in detail 310 PLEADING. [book III.
§ 31. The Mass. St. 1783, c. 42, providing that an action of trespass brought before a justice of the peace may be removed into the Court of Common Pleas by a plea of title to real estate, comprehends all actions of tr
...espass.^ § 32. If the justice refuses to receive such plea, the defendant ought to appeal; but where, instead of appealing, he pleaded the general issue, and, after a trial and judgment against him, appealed from this judgment, and the Court of Common Pleas, upon motion, gave him leave to file his plea of title: held, the proceeding of that court was correct.^ § 33. In an action of trespass brought before a justice of the peace, and removed into the Court of Common Pleas, by a plea of title to land ; an appeal lies from the Court of Common Pleas to the Supreme Court, such action being a real action for the pur- poses of appeal.

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