Legal Opinion

Hyde v. Cooper

Supreme Court of Vermont

Decided April 15, 1854PublishedCited by 22 opinions

Trespass for an ox. The action was originally brought before a justice of the peace, and came to the county court by appeal.

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Trespass for an ox. The action was originally brought before a justice of the peace, and came to the county court by appeal. Plea, the general issue, and notice that the .defendant would rely upon the following special matter, viz: That the ox in question was regularly attached on a writ in favor of the defendant, Cooper, against the plaintiff, Hyde ; that judgment was rendered upon the same and execution issued thereon according to law, and that the avails of the said ox described in the plaintiff’s declaration, were applied upon said execution. Trial by the jury. On the trial, the plaintiff…

1Opinion of the Court

The opinion of the court was delivered by

Eedfield, Ch. J.

The only question reserved by plaintiff’s exceptions, (defendant’s being waived,) is whether the decision of the court, in regard to defendant’s conduct making him a trespasser ab initio, was correct. According to the recent English cases, upon this subject, to implicate one, as a trespasser ab initio, he must do, or consent to some act, which goes to show, that the original taking was with the purpose of putting the thing to an illegal use. These decisions go upon the avowed ground of narrowing, to the utmost, the extension of this…

2Cases cited2 opinions

  1. Abbott v. KimballSupreme Court of Vermont · 1847
  2. Stoughton v. MottSupreme Court of Vermont · 1853

3Cited by22 opinions

  1. McGann v. AllenSupreme Court of Connecticut · 1926
  2. Dempsey v. ChambersMassachusetts Supreme Judicial Court · 1891
  3. Gross v. Gates, Auditor of AccountsSupreme Court of Vermont · 1937
  4. Vidal v. ErrolSupreme Court of New Hampshire · 1932
  5. Frick-Reid Supply Co. v. HunterSupreme Court of Oklahoma · 1915

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