Hale v. Clark
New York Supreme Court
Error from the Madison common pleas. Hale brought replevin against Clark for taking six swine, the property of the plaintiff. The defendant avowed the taking of the swine damage feasant, stating that they were in his barn eating his corn. To this avowry the plaintiff demurred. There was a second avowry similar to the above, to which the plaintiff pleaded that the defendant did not, within 24 hours after the distress, have his damages appraised.
Read the full summary
Error from the Madison common pleas. Hale brought replevin against Clark for taking six swine, the property of the plaintiff. The defendant avowed the taking of the swine damage feasant, stating that they were in his barn eating his corn. To this avowry the plaintiff demurred. There was a second avowry similar to the above, to which the plaintiff pleaded that the defendant did not, within 24 hours after the distress, have his damages appraised. To this plea the defendant demurred. The C. P. upon the whole record gave judgment for the defendant. The plaintiff sued out a writ of error. for the…
1Opinion of the Court
*499 By the Court,
Bronson, J.
The right to distrain beasts damage feasant does not depend on the place where the inju* ry is committed, nor the particular kind of trespass for which the distress is made. The swine were in the defendant’s barn, eating up his grain and doing damage, and he had a right to take and detain them until the damages were paid. .
It was the duty of the defendant to cause the damages to be appraised by the fence-viewers of the town, within 24 hours after making the distress. 2 R. S. 517, § 1. By neglecting to do so, he forfeited his right to detain the swine for the damages,…
2Cited by8 opinions
- Adams v. RiversNew York Supreme Court · 1851
- Hokanson v. Western Empire Land Co.Supreme Court of Minnesota · 1916
- Simser v. CowanNew York Supreme Court · 1868
- Tobin v. DealWisconsin Supreme Court · 1884
- Town of North Hempstead v. Public Service Corp.New York Supreme Court · 1919
3 more not listed; retrieve them via the Exa API.