| slovo | definícia |
trespass
(mass) | trespass
- priestupok |
trespass
(encz) | trespass,porušení n: Zdeněk Brož |
trespass
(encz) | trespass,přestupek n: Zdeněk Brož |
Trespass
(gcide) | Trespass \Tres"pass\, v. i. [imp. & p. p. Trespassed; p. pr. &
vb. n. Trespassing.] [OF. trespasser to go across or
over, transgress, F. tr['e]passer to die; pref. tres- (L.
trans across, over) + passer to pass. See Pass, v. i., and
cf. Transpass.]
1. To pass beyond a limit or boundary; hence, to depart; to
go. [Obs.]
[1913 Webster]
Soon after this, noble Robert de Bruce . . .
trespassed out of this uncertain world. --Ld.
Berners.
[1913 Webster]
2. (Law) To commit a trespass; esp., to enter unlawfully upon
the land of another.
[1913 Webster]
3. To go too far; to put any one to inconvenience by demand
or importunity; to intrude; as, to trespass upon the time
or patience of another.
[1913 Webster]
4. To commit any offense, or to do any act that injures or
annoys another; to violate any rule of rectitude, to the
injury of another; hence, in a moral sense, to transgress
voluntarily any divine law or command; to violate any
known rule of duty; to sin; -- often followed by against.
[1913 Webster]
In the time of his distress did he trespass yet more
against the Lord. --2 Chron.
xxviii. 22.
[1913 Webster] |
Trespass
(gcide) | Trespass \Tres"pass\, n. [OF. trespas, F. tr['e]pas death. See
Trespass, v.]
1. Any injury or offence done to another.
[1913 Webster]
I you forgive all wholly this trespass. --Chaucer.
[1913 Webster]
If ye forgive not men their trespasses, neither will
your Father forgive your trespasses. --Matt. vi.
15.
[1913 Webster]
2. Any voluntary transgression of the moral law; any
violation of a known rule of duty; sin.
[1913 Webster]
The fatal trespass done by Eve. --Milton.
[1913 Webster]
You . . . who were dead in trespasses and sins.
--Eph. if. 1.
[1913 Webster]
3. (Law)
(a) An unlawful act committed with force and violence (vi
et armis) on the person, property, or relative rights
of another.
(b) An action for injuries accompanied with force.
[1913 Webster]
Trespass offering (Jewish Antiq.), an offering in expiation
of a trespass.
Trespass on the case. (Law) See Action on the case, under
Case.
[1913 Webster]
Syn: Offense; breach; infringement; transgression;
misdemeanor; misdeed.
[1913 Webster] |
trespass
(wn) | trespass
n 1: a wrongful interference with the possession of property
(personal property as well as realty), or the action
instituted to recover damages
2: entry to another's property without right or permission [syn:
trespass, encroachment, violation, intrusion,
usurpation]
v 1: enter unlawfully on someone's property; "Don't trespass on
my land!" [syn: trespass, intrude]
2: make excessive use of; "You are taking advantage of my good
will!"; "She is trespassing upon my privacy" [syn:
trespass, take advantage]
3: break the law
4: commit a sin; violate a law of God or a moral law [syn:
sin, transgress, trespass]
5: pass beyond (limits or boundaries) [syn: transgress,
trespass, overstep] |
TRESPASS
(bouvier) | TRESPASS torts. An unlawful act committed with violence, ti et armis, to the
person, property or relative rights of another. Every felony includes a
trespass, in common parlance, such acts are not in general considered as
trespasses, yet they subject the offender to an action of trespass after his
conviction or acquittal. See civil remedy.
2. There is another kind of trespass, which is committed without force,
and is known by the name of trespass on the case. This is not generally
known by the name of trespass. See Case.
3. The following rules characterize the injuries which are denominated
trespasses, namely: 1. To determine whether an injury is a trespass, due
regard must be had to the nature of the right affected. A wrong with force
can only be offered to the absolute rights of personal liberty and security,
and to those of property corporeal; those of health, reputation and in
property incorporeal, together with the relative rights of persons, are,
strictly speaking, incapable of being injured with violence, because the
subject-matter to which they relate, exists in either case only in idea, and
is not to be seen or handled. An exception to this rule, however, often
obtains in the very instance of injuries to the relative rights of persons;
and wrongs offered to these last are frequently denominated trespasses, that
is, injuries with force.
4.-2. Those wrongs alone are characterized as trespasses the immediate
consequences of which are injurious to the plaintiff; if the damage
sustained is a remote consequence of the act, the injury falls under the
denomination of trespass on the case.
5.-3. No act is injurious but that which is unlawful; and therefore,
where the force applied to the plaintiff's property or person is the act of
the law itself, it constitutes no cause of complaint. Hamm. N. P. 34; 2
Phil. Ev. 131; Bac. Abr. h.t.; 15 East R. 614; Bouv. Inst. Index, h.t. As to
what will justify a trespass, see Battery.
|
TRESPASS
(bouvier) | TRESPASS, remedies. The name of an action, instituted for the recovery of
damages, for a wrong committed against the plaintiff, with immediate force;
as an assault and battery against the person; an unlawful entry into his,
land, and an unlawful injury with direct force to his personal property. It
does not lie for a mere non-feasance, nor when the matter affected was not
tangible.
2. The subject will be considered with regard, 1. To the injuries for
which trespass may be sustained. 2. The declaration. 3. The plea. 4. The
judgment.
3.-Sec. 1. This part of the subject will be considered with reference
to injuries, 1. The person. 2. To personal property. 3. To real property. 4.
When trespass can or cannot be justified by legal proceedings.
4.-1. Trespass is the proper remedy for an assault and battery,
wounding, imprisonment, and the like, and it also lies for an injury to the
relative rights when occasioned by force; as, for beating, wounding, and
imprisoning a wife or servant, by which the plaintiff has sustained a loss.
9 Co. 113; 10 Co. 130. Vide Parties to actions; Per guod, and 1 Chit. Pr.
37.
5.-2. The action of trespass is the proper remedy for injuries to
personal property, which may be committed by the several acts of unlawfully
striking, chasing, if alive, and carrying away to the damage of the
plaintiff, a personal chattel, 1 Saund. 84, n. 2, 3; F. N. B. 86; Bro.
Trespass, pl. 407; Toll. Executors, 112; Cro. Jac. 362, of which another is
the owner and in possession; but a naked possession or right to immediate
possession, is a sufficient title to support this action. 1 T. R. 480; and
gee 8. John. R. 432; 7 John. R. 535; 11 John. R. 377; Cro. Jac. 46; 1 Chit.
Pl. 165.
6.-3. Trespass is the proper remedy for the several acts of breaking
through an enclosure, and coming into contact with any corporeal
hereditament, of which another is the owner and in possession, and by which
a damage has ensued. There is an ideal fence, reaching in extent upwards, a
superficie terrae usque ad caelum, which encircles every man's possessions,
when he is owner of the surface, and downwards as far as his property
descends; the entry, therefore, is breaking through this enclosure, and this
generally constitutes, by itself, a right of action. The plaintiff must be
the owner, and in possession. 5 East, R. 485; 9 John. R. 61; 12 John. R.
183; 11 John. R. 385; Id. 140; 3 Hill, R. 26. There must have been some
injury, however, to entitle the plaintiff to recover, for a man in a balloon
may legally be said to break the close of the plaintiff, when passing over
it, as he is wafted by the wind, yet as the owner's possession is not by
that act incommoded, trespass could not probably be maintained; yet, if any
part of the machinery were to fall upon the land, the aeronaut could not
justify an entry into it to remove it, which proves that the act is not
justifiable. 19 John. 381 But the slightest injury, as treading down the
grass, is sufficient. Vide 1 Chit. Pl. 173; 2 John, R. 357: 9 John. R. 113,
377; 2 Mass. R. 127; 4 Mass. R. 266; 4 John. R. 150.
7.-4. It is a general rule that when the defendant has acted under
regular process of a court of competent jurisdiction, or of a single
magistrate having jurisdiction of the subject-matter, it is a sufficient
justification to him; but when the court has no jurisdiction and the process
is wholly void, the defendant cannot justify under it.
8. But there are some cases, where an officer will not be justified by
the warrant or authority of a court, having jurisdiction. These exceptions
are generally founded on some matter of public policy or convenience; for
example, when a warrant was issued against a mail carrier, though the
officer was justified in serving the warrant, he was liable to an indictment
for detaining such mail carrier under the warrant, for by thus detaining
him, he was guilty of "willfully obstructing or retarding the passage of the
mail, or of the driver or carrier," contrary to the provisions of the act of
congress of 1825, ch. 275, s. 9. 8 Law Rep. 77. See Ambassador;
Justification.
9.-Sec. 2. The declaration should contain a concise statement of the
injury complained of, whether to the person, personal or real property, and
it must allege that the injury was committed vi et armis and contra pacem;
in which particulars it differs from a declaration in case. See Case,
remedies.
10.-Sec. 3. The general issue is not guilty. But as but few matters can
be given in evidence under this plea, it is proper to plead special matters
of defence.
11.-Sec. 4. The judgment is generally for the damages assessed by the
jury, and for costs. When the judgment is for the defendant, it is that be
recover his costs. Vide Irregularity; Regular and Irregular process. Vide,
generally, Bro. Ab. h.t.; Nelson's Ab. h.t.; Bac. Ab. h.t.; Dane's Ab. h.t.;
Com. Dig. h.t.; Vin. Ab. h.t.; the various American and English Digests,
h.t.; 2 Phil. Ev. 131; Ham. N. P. 33 to 265; Chit. Pr. Index, h.t.; Rose.
Civ. Ev. h.t.; Stark. Ev. h.t.; Bouv. Inst. Index, h.t.
|
| | podobné slovo | definícia |
trespass
(mass) | trespass
- priestupok |
continuing trespass
(encz) | continuing trespass, n: |
trespass
(encz) | trespass,porušení n: Zdeněk Brožtrespass,přestupek n: Zdeněk Brož |
trespass de bonis asportatis
(encz) | trespass de bonis asportatis, n: |
trespass on the case
(encz) | trespass on the case, n: |
trespass quare clausum fregit
(encz) | trespass quare clausum fregit, n: |
trespass viet armis
(encz) | trespass viet armis, n: |
trespasser
(encz) | trespasser,narušitel n: Zdeněk Brož |
trespasses
(encz) | trespasses, |
trespassing
(encz) | trespassing,provinění n: Zdeněk Brožtrespassing,zasahující adj: Zdeněk Brož |
Trespass offering
(gcide) | Trespass \Tres"pass\, n. [OF. trespas, F. tr['e]pas death. See
Trespass, v.]
1. Any injury or offence done to another.
[1913 Webster]
I you forgive all wholly this trespass. --Chaucer.
[1913 Webster]
If ye forgive not men their trespasses, neither will
your Father forgive your trespasses. --Matt. vi.
15.
[1913 Webster]
2. Any voluntary transgression of the moral law; any
violation of a known rule of duty; sin.
[1913 Webster]
The fatal trespass done by Eve. --Milton.
[1913 Webster]
You . . . who were dead in trespasses and sins.
--Eph. if. 1.
[1913 Webster]
3. (Law)
(a) An unlawful act committed with force and violence (vi
et armis) on the person, property, or relative rights
of another.
(b) An action for injuries accompanied with force.
[1913 Webster]
Trespass offering (Jewish Antiq.), an offering in expiation
of a trespass.
Trespass on the case. (Law) See Action on the case, under
Case.
[1913 Webster]
Syn: Offense; breach; infringement; transgression;
misdemeanor; misdeed.
[1913 Webster] |
Trespass on the case
(gcide) | Trespass \Tres"pass\, n. [OF. trespas, F. tr['e]pas death. See
Trespass, v.]
1. Any injury or offence done to another.
[1913 Webster]
I you forgive all wholly this trespass. --Chaucer.
[1913 Webster]
If ye forgive not men their trespasses, neither will
your Father forgive your trespasses. --Matt. vi.
15.
[1913 Webster]
2. Any voluntary transgression of the moral law; any
violation of a known rule of duty; sin.
[1913 Webster]
The fatal trespass done by Eve. --Milton.
[1913 Webster]
You . . . who were dead in trespasses and sins.
--Eph. if. 1.
[1913 Webster]
3. (Law)
(a) An unlawful act committed with force and violence (vi
et armis) on the person, property, or relative rights
of another.
(b) An action for injuries accompanied with force.
[1913 Webster]
Trespass offering (Jewish Antiq.), an offering in expiation
of a trespass.
Trespass on the case. (Law) See Action on the case, under
Case.
[1913 Webster]
Syn: Offense; breach; infringement; transgression;
misdemeanor; misdeed.
[1913 Webster]Case \Case\, n. [F. cas, fr. L. casus, fr. cadere to fall, to
happen. Cf. Chance.]
1. Chance; accident; hap; opportunity. [Obs.]
[1913 Webster]
By aventure, or sort, or cas. --Chaucer.
[1913 Webster]
2. That which befalls, comes, or happens; an event; an
instance; a circumstance, or all the circumstances;
condition; state of things; affair; as, a strange case; a
case of injustice; the case of the Indian tribes.
[1913 Webster]
In any case thou shalt deliver him the pledge.
--Deut. xxiv.
13.
[1913 Webster]
If the case of the man be so with his wife. --Matt.
xix. 10.
[1913 Webster]
And when a lady's in the case
You know all other things give place. --Gay.
[1913 Webster]
You think this madness but a common case. --Pope.
[1913 Webster]
I am in case to justle a constable, --Shak.
[1913 Webster]
3. (Med. & Surg.) A patient under treatment; an instance of
sickness or injury; as, ten cases of fever; also, the
history of a disease or injury.
[1913 Webster]
A proper remedy in hypochondriacal cases.
--Arbuthnot.
[1913 Webster]
4. (Law) The matters of fact or conditions involved in a
suit, as distinguished from the questions of law; a suit
or action at law; a cause.
[1913 Webster]
Let us consider the reason of the case, for nothing
is law that is not reason. --Sir John
Powell.
[1913 Webster]
Not one case in the reports of our courts. --Steele.
[1913 Webster]
5. (Gram.) One of the forms, or the inflections or changes of
form, of a noun, pronoun, or adjective, which indicate its
relation to other words, and in the aggregate constitute
its declension; the relation which a noun or pronoun
sustains to some other word.
[1913 Webster]
Case is properly a falling off from the nominative
or first state of word; the name for which, however,
is now, by extension of its signification, applied
also to the nominative. --J. W. Gibbs.
[1913 Webster]
Note: Cases other than the nominative are oblique cases. Case
endings are terminations by which certain cases are
distinguished. In old English, as in Latin, nouns had
several cases distinguished by case endings, but in
modern English only that of the possessive case is
retained.
[1913 Webster]
Action on the case (Law), according to the old
classification (now obsolete), was an action for redress
of wrongs or injuries to person or property not specially
provided against by law, in which the whole cause of
complaint was set out in the writ; -- called also
trespass on the case, or simply case.
All a case, a matter of indifference. [Obs.] "It is all a
case to me." --L'Estrange.
Case at bar. See under Bar, n.
Case divinity, casuistry.
Case lawyer, one versed in the reports of cases rather than
in the science of the law.
Case stated or Case agreed on (Law), a statement in
writing of facts agreed on and submitted to the court for
a decision of the legal points arising on them.
A hard case, an abandoned or incorrigible person. [Colloq.]
In any case, whatever may be the state of affairs; anyhow.
In case, or In case that, if; supposing that; in the
event or contingency; if it should happen that. "In case
we are surprised, keep by me." --W. Irving.
In good case, in good condition, health, or state of body.
To put a case, to suppose a hypothetical or illustrative
case.
Syn: Situation, condition, state; circumstances; plight;
predicament; occurrence; contingency; accident; event;
conjuncture; cause; action; suit.
[1913 Webster] |
trespass on the case
(gcide) | Trespass \Tres"pass\, n. [OF. trespas, F. tr['e]pas death. See
Trespass, v.]
1. Any injury or offence done to another.
[1913 Webster]
I you forgive all wholly this trespass. --Chaucer.
[1913 Webster]
If ye forgive not men their trespasses, neither will
your Father forgive your trespasses. --Matt. vi.
15.
[1913 Webster]
2. Any voluntary transgression of the moral law; any
violation of a known rule of duty; sin.
[1913 Webster]
The fatal trespass done by Eve. --Milton.
[1913 Webster]
You . . . who were dead in trespasses and sins.
--Eph. if. 1.
[1913 Webster]
3. (Law)
(a) An unlawful act committed with force and violence (vi
et armis) on the person, property, or relative rights
of another.
(b) An action for injuries accompanied with force.
[1913 Webster]
Trespass offering (Jewish Antiq.), an offering in expiation
of a trespass.
Trespass on the case. (Law) See Action on the case, under
Case.
[1913 Webster]
Syn: Offense; breach; infringement; transgression;
misdemeanor; misdeed.
[1913 Webster]Case \Case\, n. [F. cas, fr. L. casus, fr. cadere to fall, to
happen. Cf. Chance.]
1. Chance; accident; hap; opportunity. [Obs.]
[1913 Webster]
By aventure, or sort, or cas. --Chaucer.
[1913 Webster]
2. That which befalls, comes, or happens; an event; an
instance; a circumstance, or all the circumstances;
condition; state of things; affair; as, a strange case; a
case of injustice; the case of the Indian tribes.
[1913 Webster]
In any case thou shalt deliver him the pledge.
--Deut. xxiv.
13.
[1913 Webster]
If the case of the man be so with his wife. --Matt.
xix. 10.
[1913 Webster]
And when a lady's in the case
You know all other things give place. --Gay.
[1913 Webster]
You think this madness but a common case. --Pope.
[1913 Webster]
I am in case to justle a constable, --Shak.
[1913 Webster]
3. (Med. & Surg.) A patient under treatment; an instance of
sickness or injury; as, ten cases of fever; also, the
history of a disease or injury.
[1913 Webster]
A proper remedy in hypochondriacal cases.
--Arbuthnot.
[1913 Webster]
4. (Law) The matters of fact or conditions involved in a
suit, as distinguished from the questions of law; a suit
or action at law; a cause.
[1913 Webster]
Let us consider the reason of the case, for nothing
is law that is not reason. --Sir John
Powell.
[1913 Webster]
Not one case in the reports of our courts. --Steele.
[1913 Webster]
5. (Gram.) One of the forms, or the inflections or changes of
form, of a noun, pronoun, or adjective, which indicate its
relation to other words, and in the aggregate constitute
its declension; the relation which a noun or pronoun
sustains to some other word.
[1913 Webster]
Case is properly a falling off from the nominative
or first state of word; the name for which, however,
is now, by extension of its signification, applied
also to the nominative. --J. W. Gibbs.
[1913 Webster]
Note: Cases other than the nominative are oblique cases. Case
endings are terminations by which certain cases are
distinguished. In old English, as in Latin, nouns had
several cases distinguished by case endings, but in
modern English only that of the possessive case is
retained.
[1913 Webster]
Action on the case (Law), according to the old
classification (now obsolete), was an action for redress
of wrongs or injuries to person or property not specially
provided against by law, in which the whole cause of
complaint was set out in the writ; -- called also
trespass on the case, or simply case.
All a case, a matter of indifference. [Obs.] "It is all a
case to me." --L'Estrange.
Case at bar. See under Bar, n.
Case divinity, casuistry.
Case lawyer, one versed in the reports of cases rather than
in the science of the law.
Case stated or Case agreed on (Law), a statement in
writing of facts agreed on and submitted to the court for
a decision of the legal points arising on them.
A hard case, an abandoned or incorrigible person. [Colloq.]
In any case, whatever may be the state of affairs; anyhow.
In case, or In case that, if; supposing that; in the
event or contingency; if it should happen that. "In case
we are surprised, keep by me." --W. Irving.
In good case, in good condition, health, or state of body.
To put a case, to suppose a hypothetical or illustrative
case.
Syn: Situation, condition, state; circumstances; plight;
predicament; occurrence; contingency; accident; event;
conjuncture; cause; action; suit.
[1913 Webster] |
Trespassed
(gcide) | Trespass \Tres"pass\, v. i. [imp. & p. p. Trespassed; p. pr. &
vb. n. Trespassing.] [OF. trespasser to go across or
over, transgress, F. tr['e]passer to die; pref. tres- (L.
trans across, over) + passer to pass. See Pass, v. i., and
cf. Transpass.]
1. To pass beyond a limit or boundary; hence, to depart; to
go. [Obs.]
[1913 Webster]
Soon after this, noble Robert de Bruce . . .
trespassed out of this uncertain world. --Ld.
Berners.
[1913 Webster]
2. (Law) To commit a trespass; esp., to enter unlawfully upon
the land of another.
[1913 Webster]
3. To go too far; to put any one to inconvenience by demand
or importunity; to intrude; as, to trespass upon the time
or patience of another.
[1913 Webster]
4. To commit any offense, or to do any act that injures or
annoys another; to violate any rule of rectitude, to the
injury of another; hence, in a moral sense, to transgress
voluntarily any divine law or command; to violate any
known rule of duty; to sin; -- often followed by against.
[1913 Webster]
In the time of his distress did he trespass yet more
against the Lord. --2 Chron.
xxviii. 22.
[1913 Webster] |
Trespasser
(gcide) | Trespasser \Tres"pass*er\, n.
One who commits a trespass; as:
(a) (Law) One who enters upon another's land, or violates his
rights.
(b) A transgressor of the moral law; an offender; a sinner.
[1913 Webster] |
Trespassing
(gcide) | Trespass \Tres"pass\, v. i. [imp. & p. p. Trespassed; p. pr. &
vb. n. Trespassing.] [OF. trespasser to go across or
over, transgress, F. tr['e]passer to die; pref. tres- (L.
trans across, over) + passer to pass. See Pass, v. i., and
cf. Transpass.]
1. To pass beyond a limit or boundary; hence, to depart; to
go. [Obs.]
[1913 Webster]
Soon after this, noble Robert de Bruce . . .
trespassed out of this uncertain world. --Ld.
Berners.
[1913 Webster]
2. (Law) To commit a trespass; esp., to enter unlawfully upon
the land of another.
[1913 Webster]
3. To go too far; to put any one to inconvenience by demand
or importunity; to intrude; as, to trespass upon the time
or patience of another.
[1913 Webster]
4. To commit any offense, or to do any act that injures or
annoys another; to violate any rule of rectitude, to the
injury of another; hence, in a moral sense, to transgress
voluntarily any divine law or command; to violate any
known rule of duty; to sin; -- often followed by against.
[1913 Webster]
In the time of his distress did he trespass yet more
against the Lord. --2 Chron.
xxviii. 22.
[1913 Webster] |
Untrespassing
(gcide) | Untrespassing \Untrespassing\
See trespassing. |
continuing trespass
(wn) | continuing trespass
n 1: trespass that is not transient or intermittent but
continues as long as the offending object remains; "dumping
his garbage on my land was a case of continuing trespass" |
trespass
(wn) | trespass
n 1: a wrongful interference with the possession of property
(personal property as well as realty), or the action
instituted to recover damages
2: entry to another's property without right or permission [syn:
trespass, encroachment, violation, intrusion,
usurpation]
v 1: enter unlawfully on someone's property; "Don't trespass on
my land!" [syn: trespass, intrude]
2: make excessive use of; "You are taking advantage of my good
will!"; "She is trespassing upon my privacy" [syn:
trespass, take advantage]
3: break the law
4: commit a sin; violate a law of God or a moral law [syn:
sin, transgress, trespass]
5: pass beyond (limits or boundaries) [syn: transgress,
trespass, overstep] |
trespass de bonis asportatis
(wn) | trespass de bonis asportatis
n 1: an action brought to recover damages from a person who has
taken goods or property from its rightful owner |
trespass on the case
(wn) | trespass on the case
n 1: an action brought to recover damages from a person whose
actions have resulted indirectly in injury or loss; "a
person struck by a log as it was thrown onto a road could
maintain trespass against the thrower but one who was hurt
by stumbling over it could maintain and action on the case" |
trespass quare clausum fregit
(wn) | trespass quare clausum fregit
n 1: the defendant unlawfully enters the land of the plaintiff |
trespass viet armis
(wn) | trespass viet armis
n 1: trespass with force and arms resulting in injury to
another's person or property |
trespasser
(wn) | trespasser
n 1: someone who intrudes on the privacy or property of another
without permission [syn: intruder, interloper,
trespasser] |
trespassing
(wn) | trespassing
adj 1: gradually intrusive without right or permission; "we
moved back from the encroaching tide"; "invasive
tourists"; "trespassing hunters" [syn: encroaching(a),
invasive, trespassing(a)] |
PERMANENT-TRESPASSES
(bouvier) | PERMANENT-TRESPASSES. When trespasses of one and the same kind, are
committed on several days, and are in their nature capable of renewal or
continuation, and are actually renewed or continued from day to day, so that
the particular injury, done on each particular day, cannot be distinguished
from what was done on another day, these wrongs are called permanent
trespasses. in declaring for such trespasses they may be laid with a
continuando. 3 Bl. Com. 212; Bac. Ab. Trespass, B 2; Id. 1 2; 1 Saund. 24,
n. 1. Vide Continuando; Trespass.
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TRESPASS
(bouvier) | TRESPASS torts. An unlawful act committed with violence, ti et armis, to the
person, property or relative rights of another. Every felony includes a
trespass, in common parlance, such acts are not in general considered as
trespasses, yet they subject the offender to an action of trespass after his
conviction or acquittal. See civil remedy.
2. There is another kind of trespass, which is committed without force,
and is known by the name of trespass on the case. This is not generally
known by the name of trespass. See Case.
3. The following rules characterize the injuries which are denominated
trespasses, namely: 1. To determine whether an injury is a trespass, due
regard must be had to the nature of the right affected. A wrong with force
can only be offered to the absolute rights of personal liberty and security,
and to those of property corporeal; those of health, reputation and in
property incorporeal, together with the relative rights of persons, are,
strictly speaking, incapable of being injured with violence, because the
subject-matter to which they relate, exists in either case only in idea, and
is not to be seen or handled. An exception to this rule, however, often
obtains in the very instance of injuries to the relative rights of persons;
and wrongs offered to these last are frequently denominated trespasses, that
is, injuries with force.
4.-2. Those wrongs alone are characterized as trespasses the immediate
consequences of which are injurious to the plaintiff; if the damage
sustained is a remote consequence of the act, the injury falls under the
denomination of trespass on the case.
5.-3. No act is injurious but that which is unlawful; and therefore,
where the force applied to the plaintiff's property or person is the act of
the law itself, it constitutes no cause of complaint. Hamm. N. P. 34; 2
Phil. Ev. 131; Bac. Abr. h.t.; 15 East R. 614; Bouv. Inst. Index, h.t. As to
what will justify a trespass, see Battery.
TRESPASS, remedies. The name of an action, instituted for the recovery of
damages, for a wrong committed against the plaintiff, with immediate force;
as an assault and battery against the person; an unlawful entry into his,
land, and an unlawful injury with direct force to his personal property. It
does not lie for a mere non-feasance, nor when the matter affected was not
tangible.
2. The subject will be considered with regard, 1. To the injuries for
which trespass may be sustained. 2. The declaration. 3. The plea. 4. The
judgment.
3.-Sec. 1. This part of the subject will be considered with reference
to injuries, 1. The person. 2. To personal property. 3. To real property. 4.
When trespass can or cannot be justified by legal proceedings.
4.-1. Trespass is the proper remedy for an assault and battery,
wounding, imprisonment, and the like, and it also lies for an injury to the
relative rights when occasioned by force; as, for beating, wounding, and
imprisoning a wife or servant, by which the plaintiff has sustained a loss.
9 Co. 113; 10 Co. 130. Vide Parties to actions; Per guod, and 1 Chit. Pr.
37.
5.-2. The action of trespass is the proper remedy for injuries to
personal property, which may be committed by the several acts of unlawfully
striking, chasing, if alive, and carrying away to the damage of the
plaintiff, a personal chattel, 1 Saund. 84, n. 2, 3; F. N. B. 86; Bro.
Trespass, pl. 407; Toll. Executors, 112; Cro. Jac. 362, of which another is
the owner and in possession; but a naked possession or right to immediate
possession, is a sufficient title to support this action. 1 T. R. 480; and
gee 8. John. R. 432; 7 John. R. 535; 11 John. R. 377; Cro. Jac. 46; 1 Chit.
Pl. 165.
6.-3. Trespass is the proper remedy for the several acts of breaking
through an enclosure, and coming into contact with any corporeal
hereditament, of which another is the owner and in possession, and by which
a damage has ensued. There is an ideal fence, reaching in extent upwards, a
superficie terrae usque ad caelum, which encircles every man's possessions,
when he is owner of the surface, and downwards as far as his property
descends; the entry, therefore, is breaking through this enclosure, and this
generally constitutes, by itself, a right of action. The plaintiff must be
the owner, and in possession. 5 East, R. 485; 9 John. R. 61; 12 John. R.
183; 11 John. R. 385; Id. 140; 3 Hill, R. 26. There must have been some
injury, however, to entitle the plaintiff to recover, for a man in a balloon
may legally be said to break the close of the plaintiff, when passing over
it, as he is wafted by the wind, yet as the owner's possession is not by
that act incommoded, trespass could not probably be maintained; yet, if any
part of the machinery were to fall upon the land, the aeronaut could not
justify an entry into it to remove it, which proves that the act is not
justifiable. 19 John. 381 But the slightest injury, as treading down the
grass, is sufficient. Vide 1 Chit. Pl. 173; 2 John, R. 357: 9 John. R. 113,
377; 2 Mass. R. 127; 4 Mass. R. 266; 4 John. R. 150.
7.-4. It is a general rule that when the defendant has acted under
regular process of a court of competent jurisdiction, or of a single
magistrate having jurisdiction of the subject-matter, it is a sufficient
justification to him; but when the court has no jurisdiction and the process
is wholly void, the defendant cannot justify under it.
8. But there are some cases, where an officer will not be justified by
the warrant or authority of a court, having jurisdiction. These exceptions
are generally founded on some matter of public policy or convenience; for
example, when a warrant was issued against a mail carrier, though the
officer was justified in serving the warrant, he was liable to an indictment
for detaining such mail carrier under the warrant, for by thus detaining
him, he was guilty of "willfully obstructing or retarding the passage of the
mail, or of the driver or carrier," contrary to the provisions of the act of
congress of 1825, ch. 275, s. 9. 8 Law Rep. 77. See Ambassador;
Justification.
9.-Sec. 2. The declaration should contain a concise statement of the
injury complained of, whether to the person, personal or real property, and
it must allege that the injury was committed vi et armis and contra pacem;
in which particulars it differs from a declaration in case. See Case,
remedies.
10.-Sec. 3. The general issue is not guilty. But as but few matters can
be given in evidence under this plea, it is proper to plead special matters
of defence.
11.-Sec. 4. The judgment is generally for the damages assessed by the
jury, and for costs. When the judgment is for the defendant, it is that be
recover his costs. Vide Irregularity; Regular and Irregular process. Vide,
generally, Bro. Ab. h.t.; Nelson's Ab. h.t.; Bac. Ab. h.t.; Dane's Ab. h.t.;
Com. Dig. h.t.; Vin. Ab. h.t.; the various American and English Digests,
h.t.; 2 Phil. Ev. 131; Ham. N. P. 33 to 265; Chit. Pr. Index, h.t.; Rose.
Civ. Ev. h.t.; Stark. Ev. h.t.; Bouv. Inst. Index, h.t.
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TRESPASS DE BONIS ASPORTATIS
(bouvier) | TRESPASS DE BONIS ASPORTATIS, practice. The action brought by the owner of
goods for unlawfully taking and carrying them away, is so called. This
action will lie for taking away another's goods, even though he should
return them, because by such taking he has deprived the owner of his right
to enjoy them. 1 Bouv. Inst. n. 3611.
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TRESPASS ON THE CASE
(bouvier) | TRESPASS ON THE CASE, practice. The technical name of an action, instituted
for the recovery of damages caused by an injury unaccompanied with force, or
where the damages sustained are only consequential. See Case, and 3 Bouv.
Inst. n. 3482 to 3509.
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TRESPASS QUARE CLAUSUM FREGIT
(bouvier) | TRESPASS QUARE CLAUSUM FREGIT, practice. This is the name of a remedy which
lies to recover damages when the defendant has unlawfully and wrongfully
trespassed upon the real estate of the plaintiff.
2. This action must be brought by the tenant in possession, for the
injury is done to his possession. A remainder-man or reversioner cannot
sustain it. 3. As the injury must be committed to the possession, one who
has a mere incorporeal right cannot maintain this action. 4 Bouv. Inst. n.
3600.
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TRESPASS VI ET ARMIS
(bouvier) | TRESPASS VI ET ARMIS, practice. This is the remedy brought by the plaintiff
for an immediate injury committed with force. It is distinguished from an
action of trespass on the case, in this, that in the latter the injury is
consequential, and not committed with direct force. 3 Bouv. Inst. n. 2871,
3482; 4 Bouv. Inst. n. 8583.
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TRESPASSER
(bouvier) | TRESPASSER. One who commits a trespass.
2. A man is a trespasser by his own direct action he acts without any
excuse; or he may be a trespasser in the execution of a legal process in an
illegal manner; 1 Chit. Pl. 183: 2 John. Cas. 27; or when the court has no
jurisdiction over the subject-matter when the court has jurisdiction but the
proceeding is defective and void; when the process has been misapplied, as,
when the defendant has taken A's goods on an execution against B; when the
process has been abused 1 Chit. Pl. 183-187 in all these cases a man is a
trespasser ab initio. And a person capable of giving his assent may become a
trespasser, by an act subsequent to the tort. If, for example, a an take
possession of land for the use of another, the latter may afterwards
recognize and adopt the act; by so doing, he places himself in the situation
of one who had previously commanded it, and consequently is himself a
trespasser, if the other had no right to enter, nor he to command the entry.
4 Inst. 317; Ham. N. P. 215. Vide 1 Rawle's R. 121.
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WRIT OF TRESPASS
(bouvier) | WRIT OF TRESPASS, practice. This writ lies where a party claims damages for
a trespass committed against his person, or tangible and corporeal property.
See Trespass.
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WRIT OF TRESPASS ON THE CASE
(bouvier) | WRIT OF TRESPASS ON THE CASE, practice. A writ which lies where a party sues
for damages for any wrong or cause of complaint to which covenant or
trespass will not apply. See 3 Woodes. 167; Steph. Pl. 15.
2. This action originates in the power given by the statute of Westm.
2, to the clerks of chancery to frame new writs in consimili casu with writs
already known. Under this power they constructed many writs for different
injuries, which were considered as in consimili casu, with, that is, to bear
a certain analogy to a trespass. The new writs invented for the cases
supposed to bear such analogy, have received, accordingly, the appellation
of writs of trespass on the case, as being founded on the particular
circumstances of the case thus requiring a remedy, and, to distinguish them
from the old writ of trespass; 3 Reeves, 89, 243, 391; and the injuries
themselves, which are the subjects of such writs, are not called trespasses,
but have the general name of torts, wrong or grievances.
3. The writs of trespass on the case, though invented thus, pro re
nata, in various forms, according to the nature of the different wrongs
which respectively called them forth began nevertheless, to be viewed as
constituting collectively a new individual form of action; and this new
genus took its place, by the name of Trespass on the case, among the more
ancient actions of debt, covenant, trespass, &c. Such being the nature of
this action, it comprises, of course, many different species. There are two,
however, of more frequent use than any other species of trespass on the
case, or, perhaps, than any other firm of action whatever. These are
assumpsit and trover. Steph. Pl. 15, 16.
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