Trespasser - Law Dictionary Search Results
Ab initio
Ab initio [Lat.] (from the beginning). A person who abuses an authority given him by law becomes a trespasser ab initio, i.e., is liable as a trespasser from the beginning. See the Six Carpenters' case, (1611) 8
Caveat viator
and Norman v. Great Western Railway Company, 1915 (1) KB 584 (2) CP 311. The case of a trespasser is quite different, but even then the owner of the land or person in possession has no right
Case, action on the
or cause of complaint (such as negligence, or breach of contract not under seal) to which covenant or trespass did not apply. Statutory sanction was obtained for this form of action under the Statute of Westminster 2
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Continuando
Continuando, a word which was formerly used in a special declaration of trespass when the plaintiff would recover damages for many trespasses, laying the first to be done with a continuando
Possession
the reversion, but not of the land which is in the lessee who may bring an action of trespass against the lessor. Possession, even wrongful, is a form of ownership. In all cases it confers the rights
Qu' est eadem
Qu' est eadem (which is the same). In trespass and other actions, when the plea necessarily stated the trespass to have been committed at some other time,
Possession is nine points of the law
statute is this, that when a man is in possession he may use force to keep out a trespasser; but if a trespasser has gained possession, the rightful owner cannot use force to put him out, but
Trover
the old common law there were four different remedies for the wrongful deprivation of goods-viz., the actions of trespass to goods, detinue, replevin, and trover, which was the old name for an action of conversion. Trespass and
Close
owner's leave, or in some very particular cases) is an injury or wrong, for which an action of trespass will lie to recover such damages as a jury may think proper to assess, and this injury is
Poaching
Poaching, taking name by trespass. Also taking fish, e.g., salmon and trout by illegal methods (see infra). Trespassing in the daytime in pursuit
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