Pickard v. Howe
Massachusetts Supreme Judicial Court
This was an action of replevin, brought to try the legality of the impounding, by the defendant, of two oxen of the plaintiff. At the trial in the court of common pleas, before Ward, J. the defendant, to justify the taking and detention of the oxen, gave in evidence the records of the town of Rowley, showing that he was chosen a field driver of that town for the year 1844, and was duly sworn into office.
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This was an action of replevin, brought to try the legality of the impounding, by the defendant, of two oxen of the plaintiff. At the trial in the court of common pleas, before Ward, J. the defendant, to justify the taking and detention of the oxen, gave in evidence the records of the town of Rowley, showing that he was chosen a field driver of that town for the year 1844, and was duly sworn into office. He also offered in evidence the following notice, said to have been left at the residence of the plaintiff within twenty four hours of the impounding of the oxen: “ To Mr. Isaac Pickard. I…
1Opinion of the CourtDewey, J.
It is no sufficient objection to the validity of a notice left by a field driver with the owner of the cattle, that it does not particularly set forth the hour of the day when the cattle were taken up. Such notice must, in point of fact, have been given within twenty four hours after the cattle were taken up and impounded; and this fact must be shown by competent evidence. This being established, the notice is valid, although the hour of the day on which they were thus taken up does not appear on the face of the notice itself. In *206the present case, the notice, as was shown by other evidence,…
2Cited by2 opinions
- Weirich v. StateWisconsin Supreme Court · 1909
- Atlantic & Suburban Railway Co. v. State Board of AssessorsSupreme Court of New Jersey · 1910