Legal Opinion

Harris v. Eldred

Supreme Court of Vermont

Decided February 15, 1869PublishedCited by 3 opinions

Trover for a pair of oxen, with an allegation of special damage. Plea, the general issue. Trial by jury, September term, 1868, Barrett, J., presiding.

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Trover for a pair of oxen, with an allegation of special damage. Plea, the general issue. Trial by jury, September term, 1868, Barrett, J., presiding. Upon the trial the plaintiff introduced testimony tending to show that in the fore part of September, 1866, the oxen in question were stolen from his pasture in Dover, and were driven by the thieves to the defendant’s hotel in Hoosic, in the state of New York; that the thieves let the defendant have the cattle, and that he put them on his .farm a few miles from his hotel, and in Hoosic; that in a few days the plaintiff missed his oxen and…

1Opinion of the Court

The opinion of the court was delivered by

Steele, J.

The plaintiff in this action of trover seeks to remover, as part of his damages for the conversion, the expenses of a legal proceeding he took out in New York, for the recovery of the property converted. By means of this process he succeeded in obtaining the property. He was at liberty to pursue the party for the value of the property without attempting farther to re*42gain the possession of it after it had been refused. Instead of this he resorted, first, to process of law to obtain his oxen, and now resorts to another process of law in part to…

2Cited by3 opinions

  1. Ritter v. RitterIllinois Supreme Court · 1943
  2. Jones v. PeopleAppellate Court of Illinois · 1886
  3. Presson v. WorthenAppellate Court of Illinois · 1896

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