James v. Wood
Supreme Judicial Court of Maine
On motion and exceptions. This was an action of trespass, containing two counts; the first for breaking and entering tbe plaintiff’s close on tbe sixth day of June, A. D. 1888, and liberating one moose and one deer; and tbe second for taking and carrying away, on tbe same day, such moose and deer. The plea was the general issue, with a brief statement justifying the taking and liberation of such moose and deer as a game warden.
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On motion and exceptions. This was an action of trespass, containing two counts; the first for breaking and entering tbe plaintiff’s close on tbe sixth day of June, A. D. 1888, and liberating one moose and one deer; and tbe second for taking and carrying away, on tbe same day, such moose and deer. The plea was the general issue, with a brief statement justifying the taking and liberation of such moose and deer as a game warden. It appeared that the plaintiff had captured the moose in the forest, in March of the same year, and carried it to his home and there retained it in an inclosure…
1Opinion of the CourtHaskell, J.
Trespass q. c. and d. b. for entering upon the plaintiff’s land and liberating a moose and deer there confined. The plaintiff had captured the moose and purchased the deer during close time. The defendant justifies as game warden.
I. The defendant cannot be considered as having seized the game under any provision of statute, inasmuch as he held no precept, either to arrest the defendant, or to seize the game; nor does he pretend that he ever had any intention of procuring one. His testimony, that he acted by the consent of the plaintiff was not believed by the jury; and as the evidence is…
2Cited by10 opinions
- Harper v. GallowaySupreme Court of Florida · 1909
- United States v. Charlie Top SkyCourt of Appeals for the Ninth Circuit · 1976
- State v. GoyetteSupreme Judicial Court of Maine · 1979
- Commonwealth v. Agway, Inc.Superior Court of Pennsylvania · 1967
- State v. MitchellSupreme Judicial Court of Maine · 1955
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