Anonymous
Anonymous
Opinion of the Court
OPINION of the Court by
declaration alleges that defendant with force and arms broke and entered into plaintiff’s dwelling-house, un^er Pretence °f searching for money stolen, and unlawfully, unreasonably, and maliciously searched said house without a warrant, &c.' by means whereof plaintiff and his family disturbed in their dwelling, his private papers exposed to the eye of curiosity, and he greatly injured in his good name, fame, and credit, and brought into public scandal, infamy, and disgrace, &c. The defendant demurred, and assigned for causes — 1st. The plaintiff claims consequential Damages for an injury to his character in an action of Trespass vi et armis. — 2d. An injury with force cannot be joined in the same action with an injury to the character. The Court below sustained the demurrer, which is the matter assigned as Error hei’e.
It is laid down by the most approved authorities, that in this action Damages are recoverable for all injuries which naturally result from the wrongful act which constitutes the. Trespass. In many instances it is not necessary to allege such incidental or consequential injuries in the declaration ; but they may be given in evidence, under the general allegation of alia onorma. The declaration here alleges
Let the judgment be reversed, and the cause be remanded for further proceedings.
Reference
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