trespasser


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TRESPASSER. One who commits a trespass.
     2. A man is a trespasser by his own direct action he acts without any excuse; or he may be a trespasser in the execution of a legal process in an illegal manner; 1 Chit. Pl. 183: 2 John. Cas. 27; or when the court has no jurisdiction over the subject-matter when the court has jurisdiction but the proceeding is defective and void; when the process has been misapplied, as, when the defendant has taken A's goods on an execution against B; when the process has been abused 1 Chit. Pl. 183-187 in all these cases a man is a trespasser ab initio. And a person capable of giving his assent may become a trespasser, by an act subsequent to the tort. If, for example, a an take possession of land for the use of another, the latter may afterwards recognize and adopt the act; by so doing, he places himself in the situation of one who had previously commanded it, and consequently is himself a trespasser, if the other had no right to enter, nor he to command the entry. 4 Inst. 317; Ham. N. P. 215. Vide 1 Rawle's R. 121.

References in periodicals archive ?
However, while the number of deaths may have fallen, the number of trespassers putting their lives in jeopardy has not.
Trespasser is a shining example of a seemingly simple, stand-alone story that provides not just compelling entertainment but also substantial food for thought.
The foundation argues that had the appellate court considered the immigrants and smuggler as trespassers - and applied case law accordingly - it might have reached a different conclusion.
But it was in the Imperial Cup that Trespasser proved himself the champion hurdler in each of his three seasons over jumps.
in other words, the libertarian principle of the non-initiation of force trumps the right to evict trespassers from our property if it is us who are responsible for making someone a "trespasser" in the first place.
All the objects and framed pictures have been polished with soft cloths, which the trespasser then deposited in the hallway hamper.
Taxi's adventures didn't cause cause any flight delays, but drew some guffaws from Gill, who said that the last time the airport had a four-legged trespasser was in 1987 when a desert tortoise lumbered onto the tarmac.
Their indecision allows time for the officers to find the trespasser.
A person who has an "existing contractual relationship with the owner or operator of the computer for access to all or part of the protected computer" is not a "computer trespasser.
In accordance with the reporting practices of the Federal Railroad Administration [3], an injury to a railroad trespasser was defined as the unintentional injury of any person whose presence on railroad property was prohibited by law in Georgia during 1990-1996.
But the poignant and piquant nature of the metaphor can not be ignored; a Canadian filmmaker is a trespasser in his own theatres