Severance v. Elliott
Supreme Court of Vermont
■ Debt under V. S. 4.798, 4800. Plea, the general issue. Trial by jury at the June Term, 1902> Windham' County, Has-elton, J., presiding, Verdict for plaintiff. Defendant’s motion in arrest overruled. Judgment on verdict. The defendant excepted. The judgment was a non-suit, because it was entered with plaintiff’s consent. The object of the statute is satisfied by marking the ram with a single letter. V. S. 2 should apply.
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■ Debt under V. S. 4.798, 4800. Plea, the general issue. Trial by jury at the June Term, 1902> Windham' County, Has-elton, J., presiding, Verdict for plaintiff. Defendant’s motion in arrest overruled. Judgment on verdict. The defendant excepted. The judgment was a non-suit, because it was entered with plaintiff’s consent. The object of the statute is satisfied by marking the ram with a single letter. V. S. 2 should apply. The statute is penal amid should be strictly construed. Farnsworth v. Good-hue, 48 Vt. 209. The purpose of the statute in requiring the animal to be marked is to identify…
1Opinion of the CourtStart, J.
The action is debt to recover a penalty under V. S. 4800, which provides that, if a ram is found at large out of the enclosure and possession of its owner or keeper between the 1st day of August and the 1st day of December, without being marked as provided in V. S’. 4799, the owner or keeper shall forfeit to- the person taking and securing it five dollars. V. S. 4799 provides that the owner or keeper of a ram shall, on or before the first day of August in each year, place on its body, in durable and legible characters, the initials of his name. It appearing that the only mark on the ram in…
2Cases cited2 opinions
- State v. LittleSupreme Court of Vermont · 1869
- Haire v. PerrySupreme Court of Vermont · 1902