Haviland v. Parker

Martin Ch. J.:

This case comes up here for a review of the law and the facts. The action is trespass de bonis asportatis, to recover the value of a yoke of oxen, the property of the plaintiff, which the defendant as a tax collector seized for the tax of one Lewis J. Haviland. This plaintiff replevied the oxen from the defendant, but for some reason he was nonsuited in that case, and judgment given to the defendant for the value of the property. This action was then *104brought, and it was submitted upon the following statement of fact's:

“ 1st. That the yoke of oxen referred to in the declaration…