Geush v. Mynns

79 Eng. Rep. 274, Cro. Jac. 321 (1614)

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Geush v. Mynns

Court of King’s Bench
79 Eng. Rep. 274, Cro. Jac. 321 (1614)

Facts

While hunting, the defendant observed a badger on the plaintiff’s property. The common law encouraged the hunting of ravenous beasts of prey and other vermin to further the common good. The defendant directed his hounds to chase the badger, at which point the animal went underground. While still on the plaintiff’s property, the defendant dug the badger out and killed it. The defendant filled the hole, and a complaint of trespass was made against him for trespass quare vi et armis clausum fregit. The defendant filed a demurrer.

Rule of Law

Issue

Holding and Reasoning ()

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