Parker v. Mise
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Andrew B. Moore. This action was brought by Burrell H. Mise against James Parker ; the complaint being in these words : “ The plaintiff claims of the defendant $500, as damages for wrongfully shooting plaintiff’s dog, said dog being the property of plaintiff, and of the value of $50 ; and other wrongs done to the said plaintiff by the said defendant on the 81st December, 1853.” The defendant demurred to the…
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Appeal from the Circuit Court of Dallas. Tried before the Hon. Andrew B. Moore. This action was brought by Burrell H. Mise against James Parker ; the complaint being in these words : “ The plaintiff claims of the defendant $500, as damages for wrongfully shooting plaintiff’s dog, said dog being the property of plaintiff, and of the value of $50 ; and other wrongs done to the said plaintiff by the said defendant on the 81st December, 1853.” The defendant demurred to the complaint, “ 1st, for the reason that no sufficient cause of action against him is therein set forth; and, 2d, because…
1Opinion of the CourtEice, J.
A dog is a species of property,.for an injury to which an action at law may be sustained. It is not necessary for the maintenance of an action for shooting a dog, that the dog should be shown to have pecuniary value. — Dodson v. Mock, 4 Dev. & Batt. Law R. 146; Perry v. Phipps, 10 Ired. Law Eep. 259 ; The State v. Latham, 13 ib. 33 ; Wright v. Ramscot, 1 Saund. R. 84; 2 Bla. Com. 393, 394 ; Lentz v. Stroh, 6 Serg. & Rawle, 34; King v. Kline, 6 Barr, 318.
Wherever there is a wrongful taking" of the property of another, or a wrongful injury done to it, the law implies that the owner has…
2Cases cited3 opinions
- Dearing v. MooreSupreme Court of Alabama · 1855
- Huey's Administrator v. Redden's HeirsCourt of Appeals of Kentucky · 1835
- Lentz v. StrohSupreme Court of Pennsylvania · 1820
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