TRESPASSER. One who does an un lawful act, or a lawful act in an unlawful manner, to the injury of the person or pro perty of another.
Any act which is injurious to tile property of another renders the doer a trespasser, un less he has authority to do it from the owner or custodian, 14 Me. 44 ; 5 Blackf. Ind. 237; 8 N. H. 220 ; 18 Pick. Mass. 110, or by law, 2 Conn. 700 ; 3 Binn. Penn. 215 ; 10 Johns. N. Y. 138 ; 6 Ohio, 144 ; 12 Ala. 257; 1 N. H. 339 ; 4 id. 527 ; 13 Me. 250 ; 16 id. 132; 6 Ill. 401, 411 ; 1 Idumphr. Tenn. 272 ; and in this latter case any defect in his authority, as, want of jurisdiction by the court, 11 Conn. 95 3 Cow. N. Y. 206, defective or void pro ceedings, 16 Me. 33 ; 12 N. H. 148 ; 12 Vt. 661 ; 2 Dev. No. C. 370, misapplication of process, 6 Monr. Ky. 296 ; 14 Me. 312 ; 17 Vt. 412, renders him liable as a trespasser.
So, too, the commission of a legal act in an illegal manner, as, the execution of legal process illegally, 2 Johns. Cas. N. Y. 27 ; 5
Me. 291 ; 6 Pick. Mass. 455, abuse of legal prdcess, 1 Chitty, Plead. 183-187; Breese,111. 143 ; 16 Ala. 67, exceeding authority conferod by the owner, 13 Me. 115, or by law, 13 Mass. 520 ; 10 Serg. & R. Penn. 399 ; 17 Vt. 609, renders a man a trespasser.
In all these cases, where a man begins an act which is legal by reason of some author ity given him, and then becomes a trespasser by subsequent acts, he is held to be a tres passer from the beginning (ab initio). 13 Mass. 520 ; 14 Pick. Mass. 356 ; 1 Gilm. Va. 221 ; 10 Johns. N. Y. 253 ; 20 id. 427 ; 11 N. H. 363 ; 16 Vt. 393 ; 2 Ark. 45.
A person may be a trespasser by ordering such an act done as makes the dner a tres passer, 14 Johns. N. Y. 406 ; 16 Ov. Tenn. 13 ; 10 Pick. Mass. 543 ; or by subsequently as senting, in some cases, 1 Rawle, Penn. 121 ; 1 B. IVIonr. Ky. 96 ; or assisting, though not present. 2 Litt. Ky. 240.