Bertwhistle v. Goodrich

Plaintiff brought replevin to recover possession of a herd of cattle which the defendant had driven from the public highway in front of his premises, into his *458barn-yard, claiming that they had been there every day for a week or more, greatly to his discomfort and annoyance; also that they were at large in the highway, contrary to law; also that they were trespassing upon his premises, which authorized him to take them into his possession, under How. Stat. § 2108. It was admitted, on the trial, that this replevin suit was brought before any demand was made for the cattle, and that, if the…