Anonymous
Court of Common Pleas
Y.B.Trin. 32 & 33 Edw. (Rolls Series) 258-59 (1304)
Relevant factsFree
R. (plaintiff) sued J. and others (defendants) for a writ of trespass, alleging they chopped down his trees and stole the wood "with force and arms"; an inquest found the defendants did steal the wood but did not actually use force or arms in doing so.
IssueFree
Whether, under English common law, an individual may maintain an action for a writ of trespass even if the accused party did not commit the trespass with force or arms.