4 Ill. 258 | Ill. | 1841
delivered the opinion of the Court:
This was an action of debt, instituted in the Stephenson Circuit Court, by Bennett, the appellee, against Wright, the appellant. The declaration alleges that the defendant broke and entered the close of the plaintiff, and cut and carried away certain trees growing thereon, whereby an action accrued to the plaintiff, to recover the penalty imposed by the statute to prevent trespassing, by cutting timber. The default of Wright was entered, and a jury sworn, who assessed the plaintiff’s damages at six cents. Wright afterwards appeared and moved in arrest of judgment, on the ground of the insufficiency of the declaration, but the Court denied the motion, and rendered judgment for the damages assessed by the jury. Wright prosecutes an appeal to this Court, and assigns several causes for error, only one of which will be considered. That assignment is, that the Court erred in denying the motion in arrest of judgment.
The statute to prevent trespassing, by cutting timber,
Is his ownership shown by .his declaration? It alleges that the trees were cut and carried away from his close. “ The term close, in its common acceptation, means an enclosed field; but in law it rather denotes the" interest of the party in the land, whether enclosed or not. It signifies any interest which will enable the party to maintain trespass for an injury to real property, or to the mere possession.” In such actions which may be brought as well by a person having only a possessory right, as by a person having the legal estate, the declaration alleges an injury to the plaintiff’s close.
The judgment of the Circuit Court is reversed with costs.
Judgment reversed.
Note. See Cushing v. Dill, 2 Scam. 461.
R. L. 603; Gale’s Stat. 679.
1 Chit. Plead. 538.