Sir Anthony Ashly Cooper v Saint John
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1681 |
| Date | 01 January 1681 |
| Court | Court of the King's Bench |
English Reports Citation: 82 E.R. 928
King's Bench Division
sir anthony ashly cooper versus saint john. trin. 24 car. eot. 267. Trin. 1649. between the same plaintiff and Webb defendant entred Hill. 24 Car. Rot. 426. the same declaration was adjudged good upon a demurrer. In trespass the plaintiff declared quod cum he was seised of two closes of pasture which were inclosed by him, and whereas there was a common next adjoyningto them, the defendant decern perticatas sepium claus' prajdictee pastures prostravit & sic pros-trataa (for such a time) custodivit, per quod, the beasta depasturing in the common, came into the closes and eat the grass there ad dam' &c. the defendant pleaded non cul' infra 6 annos. And after a verdict for the plaintiff, Mainard moved in arrest of judgment, that it ought to have been vi & armis, because the trespass is laid to be done in his own soil; and said, that in false imprisonment per quod he was compelled to pay 51. in a case about seven or eight years since, judgment was arrested for want of vi & armis...
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