Miles v. Chamberlain

*447 By the Court,

Paine, J.

This suit was commenced before a justice of the peace, to obtain possession of a hog. The defendant pleaded that the hog had been found running at large in the highway, contrary to the by-laws of the town, and had been taken up and sold under said by-laws, and that he became the purchaser. Under the provision in the code that all allegations in the answer setting up new matter, not amounting to a counter-claim, shall be deemed controverted or avoided as the case may require, this was supposed to put in issue the question whether the place where the animal was taken up…