Simpson v. Talbot

GOLDTHWAITE, J. —

This action was brought by the appellant against the appellee to recover the penalty of one hundred dollars, under the statute relating to estrays (Clay's *470Dig., 550, § 5). Tlio animal strayed was a cow; and the first count in the declaration avers that the defendant, within twelve months after the straying, killed and appropriated the estray to his own use. The second count avers the straying to have been on the 5th of March, 1851, and that the defendant “ heretofore, to-wit, on the iblhday of October, 1851,” procured the killing, &c., but contains no direct allegation that…