Keith v. Bradford
Supreme Court of Vermont
REPLEVIN for cattle impounded, tried on demurrer at the September Term, 1865, Peck, J., presiding. The defendant avowed the taking of the cattle while “in a field and enclosure, used and improved, in which grass and grain was then and there growing, which said field and enclosure was, at the time of said taking, the soil and freehold of the said Thomas J. Bradford,” and impounded them in his barn' yard, there being no public pound in the town, “ and within twenty-four hours…
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REPLEVIN for cattle impounded, tried on demurrer at the September Term, 1865, Peck, J., presiding. The defendant avowed the taking of the cattle while “in a field and enclosure, used and improved, in which grass and grain was then and there growing, which said field and enclosure was, at the time of said taking, the soil and freehold of the said Thomas J. Bradford,” and impounded them in his barn' yard, there being no public pound in the town, “ and within twenty-four hours thereafter, gave legal notice of the said impounding to,” etc. To the said avowry the plaintiffs filed seven pleas, in…
1Opinion of the Court
*39The opinion of the court was delivered by
Barrett, J.,
The avowry sets forth the impounding, and avers that “ within twenty-four hours thereafter the defendant gave legal notice of the said impounding.” Under a general demurrer it is claimed that this averment is insufficient, and that the manner in which the notice was given should have been stated. The statute prescribes that notice shall be given, either verbal or in writing.
Under this avowry, upon issue made by a traverse of notice, the burden would rest on the defendant, of showing that notice had been given in one or the other of the…
2Cases cited3 opinions
- Moore v. RobbinsSupreme Court of Vermont · 1835
- Harriman v. FifieldSupreme Court of Vermont · 1863
- Holden v. TorreySupreme Court of Vermont · 1859
3Cited by3 opinions
- Morgan v. KroupaSupreme Court of Vermont · 1997
- Wilbur v. GrossSupreme Court of Rhode Island · 1936
- Morgan v. KroupaSupreme Court of Vermont · 1997