Carter v. Colby
Supreme Court of New Hampshire
Case, for killing the plaintiff’s horse. Facts agreed, and case transferred from the May term, 1901, of the superior court by Young, J. April 17, 1901, the plaintiff was arrested and his horse taken from Mm; and on the next day the horse was examined and killed under the provisions of section 1, chapter 22, Laws 1897, by the defendant, who was duly deputized for that purpose by the sheriff of this county.
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Case, for killing the plaintiff’s horse. Facts agreed, and case transferred from the May term, 1901, of the superior court by Young, J. April 17, 1901, the plaintiff was arrested and his horse taken from Mm; and on the next day the horse was examined and killed under the provisions of section 1, chapter 22, Laws 1897, by the defendant, who was duly deputized for that purpose by the sheriff of this county. The plaintiff was not notified by the committee or by the defendant of the examination, and did not attend.
1Opinion of the CourtBlodgett, C. J.
The amended statute relating to cruelty to-animals provides that “ whenever an officer shall take any such animal into his possession, which appears by reason of age, injury,, or other cause, to be disabled for use, said officer shall call upon three disinterested citizens, who, under oath, shall examine such animal, and if they shall find such animal to be disabled for use,, said officer shall at once cause such animal to be killed.” Laws 1897, e. 22, s. 1.
The defendant justifies under this statute, enacted by the legislature in the exercise of the police power of the state vested in them by…
2Cases cited1 opinion
- Cahoon v. CoeSupreme Court of New Hampshire · 1876
3Cited by2 opinions
- Waud v. CrawfordSupreme Court of Iowa · 1913
- Carter v. CraigSupreme Court of New Hampshire · 1914