George v. West
Supreme Court of Vermont
Trespass for eight sheep and five lambs. Plea, general issue, and plea alleging that the sheep, &c., were taken in the inclosure of West, damage feasant, by Hanson, who was employed in that behalf by West, and by West driven to a common pound and there impounded, and that within twenty-four hours West gave, the plaintiff notice thereof. Replication de injuria. Trial by jury, June Term, 1878, Powers, J., presiding.
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Trespass for eight sheep and five lambs. Plea, general issue, and plea alleging that the sheep, &c., were taken in the inclosure of West, damage feasant, by Hanson, who was employed in that behalf by West, and by West driven to a common pound and there impounded, and that within twenty-four hours West gave, the plaintiff notice thereof. Replication de injuria. Trial by jury, June Term, 1878, Powers, J., presiding. The plaintiff introduced evidence tending to prove the alleged taking, and rested. The defendants then introduced evidence tending to prove that the sheep, when taken, were…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The question raised is, whether, on the pleadings, the plaintiff in rebuttal had the right to introduce evidence to show that the defendant, after having taken the sheep damage feasant, and having regularly impounded them agreeably to the statute and his second plea in bar, had so conducted in the sale of the *647sheep, as to make himself a trespasser ab initio. The defendant’s plea in bar purports to cover and justify all the trespasses declared for, and the facts therein alleged, if found true, would furnish a full justification for the original…
2Cited by1 opinion
- Clark v. DowningSupreme Court of Vermont · 1882