Bruce v. Holden
Massachusetts Supreme Judicial Court
Trespass for taking and carrying away and detaining certain cattle of the plaintiff. The case was carried into the Court of Common Pleas by appeal from a judgment of a justice of the peace.
Read the full summary
Trespass for taking and carrying away and detaining certain cattle of the plaintiff. The case was carried into the Court of Common Pleas by appeal from a judgment of a justice of the peace. On the trial in that court, before Williams J., the plaintiff offered evidence to prove that the defendant, on the 30th of May, 1836, took the cattle and impounded them in the town pound in Lunenburg, and that the plaintiff was compelled to pay to the pound-keeper more than five dollars for their liberation. The defendant then proved in his defence, that he was a field-driver of the town of Lunenburg, duly…
1Opinion of the Court
Morton J.
delivered the opinion of the Court. This is an action of trespass for taking and carrying away certain cattle. The defendant admits the taking, and alleges in justification, that the cattle were going at large in the public highway, and that for that cause he, as field-driver, took them up and impounded them in the town pound.
The defendant, having proved his own election and that of the pound-keeper, as the first step in his defence, offered m evidence his own certificate to the pound-keeper of the impounding and the cause thereof, with his own claim for fees and penalties. A…
2Cases cited7 opinions
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Slayton v. Inhabitants of ChesterMassachusetts Supreme Judicial Court · 1808
- Bott v. BurnellMassachusetts Supreme Judicial Court · 1814
- Eastabrook v. HapgoodMassachusetts Supreme Judicial Court · 1813
- Bott v. BurnellMassachusetts Supreme Judicial Court · 1812
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- O'Connor Lumber Co. v. BurnsMassachusetts District Court, Appellate Division · 1982