Stevens v. Dimond
Superior Court of New Hampshire
This was a writ of error brought to reverse a judgment of the court of common pleas in this county. It appeared by the record, that Stevens brought an action of debt against Dimond upon the statute of June 17, 1811, entitled “an act to authorize towns to make bylaws to prevent horses, &c. from going at large,” and upon a by-law made by the town of Hawke, on the 9th March, 1830, “ that if any horse, horse kind, &c. shall be found going at large from and after the first day of…
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This was a writ of error brought to reverse a judgment of the court of common pleas in this county. It appeared by the record, that Stevens brought an action of debt against Dimond upon the statute of June 17, 1811, entitled “an act to authorize towns to make bylaws to prevent horses, &c. from going at large,” and upon a by-law made by the town of Hawke, on the 9th March, 1830, “ that if any horse, horse kind, &c. shall be found going at large from and after the first day of April, until the last day of October, in any street, highway or common in said town, the owner thereof shall, for each…
1Opinion of the CourtRichardson, C. J.
The action, the judgement in which is now before us, was founded, as well upon the statute which authorized towns to make by-laws, as upen the by-law, and it was necessary to allege in the declaration, that the offence was committed, as well against the form of the statute, as against the form of the by-law. 1 Chitty’s Pl. 358; 8 Pickering, 462, Commonwealth v. Worcester; 5 ditto, 44, Commonwealth v. Gay.
*332The statute, on which that action was founded, still remains in force ; and the by-law has never been repealed by the town.
Rut the court below were of opinon that the by-law expired with the…
2Cited by2 opinions
- Campbell v. WallaceSuperior Court of New Hampshire · 1841
- Lisbon v. ClarkSuperior Court of New Hampshire · 1846