Pitford v. Armstrong

Ohio Supreme Court

Pitford v. Armstrong

1 Wright 94, 1 Ohio Ch. 94

DecidedSeptember 15, 1832

StatusPublished

This text of 1 Wright 94 (Pitford v. Armstrong) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pitford v. Armstrong, 1 Wright 94, 1 Ohio Ch. 94 (Ohio 1832).

Pincite

Opinion

BY THE COURT,

to the jury. A man in the actual possession of a house, may defend his possession against any one who would force his way into it; but if he have possession wrongfully, the holder of the legal right may take possession, if he can do so without a breach of the peace, and hold it. The act done to constitute á valid justification to the defendant, must have been done in the necessary defence of his property, against the aggression of the plaintiff, not to regain possession, nor for revenge or punishment for an injury. If the defendant has gone beyond protection, he is a trespasser.

Verdict for the plaintiff, and judgment.

Free access — add to your briefcase to read the full text and ask questions with AI

BY THE COURT,

to the jury. A man in the actual possession of a house, may defend his possession against any one who would force his way into it; but if he have possession wrongfully, the holder of the legal right may take possession, if he can do so without a breach of the peace, and hold it. The act done to constitute á valid justification to the defendant, must have been done in the necessary defence of his property, against the aggression of the plaintiff, not to regain possession, nor for revenge or punishment for an injury. If the defendant has gone beyond protection, he is a trespasser.

Verdict for the plaintiff, and judgment.

Cite This Page — Counsel Stack

Bluebook (online)

1 Wright 94, 1 Ohio Ch. 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pitford-v-armstrong-ohio-1832.