Pratt v. Petrie
New York Supreme Court
In error on certiorari. The plaintiffbrought an action of trespass against the defendant, in the court below, for taking away and impounding the plaintiff’s cow.
Read the full summary
In error on certiorari. The plaintiffbrought an action of trespass against the defendant, in the court below, for taking away and impounding the plaintiff’s cow. The jury found a verdict for the defendant for six cents. stated three exceptions. 1. That there was no evidence before the justice, that the cow was damage feasant, on the defendant’s land. 2. That the damage was not appraised within 24 hours after the distress, as the act required. 3. That the cow was impounded before any appraisement of the damages.*
1Opinion of the Court
Per Curiam-.
The third objection is fatal. The act requires the damages to be ascertained by two fence-viewers, before the beast be impounded. The judgment below must be reversed.
Judgment reversed
2Cited by1 opinion
- Brown v. SmithSuperior Court of New Hampshire · 1817