Melody v. Reab
Massachusetts Supreme Judicial Court
This was a writ of error brought to reverse a judgment of the Court of Common Pleas in this county, rendered in an action of debt qui tarn, brought upon the statute of 1788, c. 65, f * 472 ] * entitled “ An act declaring the causes for which cattle may be impounded, the manner how they shall be pro ceeded with in such cases, and for preventing rescue and pound breach,” and originally sued by the plaintiff in error to recover the penalty of forty shillings, forfeited by the…
Read the full summary
This was a writ of error brought to reverse a judgment of the Court of Common Pleas in this county, rendered in an action of debt qui tarn, brought upon the statute of 1788, c. 65, f * 472 ] * entitled “ An act declaring the causes for which cattle may be impounded, the manner how they shall be pro ceeded with in such cases, and for preventing rescue and pound breach,” and originally sued by the plaintiff in error to recover the penalty of forty shillings, forfeited by the defendant for committing a rescous. The plaintiff declared that, having distrained damage feasant, on his lands, divers…
1Opinion of the Court
Parsons, C. J.,
who, after briefly reciting the declaration and pleadings in the original action, observed that, on inspecting the record, several questions arose.
1. Is it competent for the original defendant to show that the cattle were unlawfully distrained, to avoid the forfeiture ? In an action of rescous of cattle distrained, the defendant may, at common law defend himself by showing that the distress was without legal cause *413oecause, in that case, the plaintiff" has the cattle unlawfully in his custody at the time of the rescous. (1) For the same reason, if the distrainor should waive his…
2Cited by20 opinions
- King v. Viscoloid Co.Massachusetts Supreme Judicial Court · 1914
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- Boring v. WilliamsSupreme Court of Alabama · 1850
- Rawson v. StateSupreme Court of Connecticut · 1848
- Powers v. HeggieMassachusetts Supreme Judicial Court · 1929
15 more not listed; retrieve them via the Exa API.