Legal Opinion

Hard v. Nearing

New York Supreme Court

Decided July 11, 1865PublishedCited by 3 opinions

APPEAL from a judgment of the Otsego county court. The action was brought in a justice’s court, to recover the value of a cow, alleged to have been wrongfully taken "by the defendant and converted to his own use. The answer alleged that the defendant took the cow into his custody and possession by virtue of an act entitled “An act to prevent animals from running at large in the public highway/’ passed April 23,1862 ; and that he followed the directions prescribed by the act.

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APPEAL from a judgment of the Otsego county court. The action was brought in a justice’s court, to recover the value of a cow, alleged to have been wrongfully taken "by the defendant and converted to his own use. The answer alleged that the defendant took the cow into his custody and possession by virtue of an act entitled “An act to prevent animals from running at large in the public highway/’ passed April 23,1862 ; and that he followed the directions prescribed by the act. It also alleged “ that the cow was stolen or taken-from the custody and possession of the defendant in the night time,…

1Opinion of the Court

By the Court, Mason, J.

The plaintiff’s cow was found trespassing upon the defendant’s premises, and the defendant seized and took her into his possession and custody, by virtue of the authority conferred by the act of April 23, 1862, (chap. 459,) which declares that it shall be lawful for any person to take into his custody and possession, any animal that may be found trespassing upon premises owned or occupied by him. (Laws of 1862, p. 844, § 2.) The cow was formally sold by the .commissioner of highways, in accordance with the directions of the said act, and this action is brought to…

2Cases cited4 opinions

  1. Green v. BurkeNew York Supreme Court · 1840
  2. Sands v. . KimbarkNew York Court of Appeals · 1863
  3. Harrington v. SnyderNew York Supreme Court · 1848
  4. Millon v. SalisburyNew York Supreme Court · 1816

3Cited by3 opinions

  1. Burdett v. AllenWest Virginia Supreme Court · 1891
  2. City of Paris v. HaleCourt of Appeals of Texas · 1896
  3. United Projector & Film Corp. v. BrownNew York Supreme Court · 1932

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