Reagh v. Spann
Supreme Court of Alabama
This was an action of debt originally brought before a •justice of the Peace of Marengo county/by B. H. Spann against R. Reagh, to recover a penalty of $20, given by statute for marking an unmarked hog of the plaintiff. The Justice having rendered judgment for the plaintiff, the cause, together with fifty one other cases of the same kind* \vas carried by certiorari into the County Court of Ms-rengo, on the pc;tilion oí Reagh.
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This was an action of debt originally brought before a •justice of the Peace of Marengo county/by B. H. Spann against R. Reagh, to recover a penalty of $20, given by statute for marking an unmarked hog of the plaintiff. The Justice having rendered judgment for the plaintiff, the cause, together with fifty one other cases of the same kind* \vas carried by certiorari into the County Court of Ms-rengo, on the pc;tilion oí Reagh. Ip the County Court Spann filed his declaration, charging that the defendant “did mark an unmarked hog, not being the property of him ihe said defendant, and without the…
1Opinion of the Court
By JUDGE CRENSHAW.
In argument it was contended, that the penalty was not recoverable before a previous conviction of the offence, and that the act of marking the unmarked hog of another person amounted to ■larceny.
By the 22d 'section of the ant of 1807,a the stealing of hogs on conviction is punished by whipping and paying to the owner the value thereof, “and also a fine of £120 to any person suing for the same, to he recovered in any Court having cognizance thereof.” By the 23d section, the altering or defacing marks or brands is punished in the same manner. By the 24th section, “if any…
2Cited by1 opinion
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