Brown v. Smith
Superior Court of New Hampshire
REPLEVIN against the defendant, for taking and impounding four oxen, three cows, and one bull, the property of the plaintiff. The defendant avowed the taking of the cattle damage feasant. To this avowry the plaintiff filed seven pleas in bar, which closed in issues to the country. A ver-, diet was found for the defendant on all the issues, except the third and fourth.
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REPLEVIN against the defendant, for taking and impounding four oxen, three cows, and one bull, the property of the plaintiff. The defendant avowed the taking of the cattle damage feasant. To this avowry the plaintiff filed seven pleas in bar, which closed in issues to the country. A ver-, diet was found for the defendant on all the issues, except the third and fourth. These having terminated in a point as to the notice given by Smith to Brown, after impounding the cattle, the jury found specially, that in due season the said Smith caused a notification in writing to be left at the last and…
1Opinion of the Court
Woodbury, J.,*
delivered the opinion of the court.
Our statute in relation to the impounding of animals(1) requires that the notification to the owner should, among other things, describe the creatures that did the damage.
When a person justifies his conduct under a particular statute, he must shew at least a substantial compliance with its provisions, 2 Mass. Rep. 419, 420. — 6 East 417.
If he derive a title to property under it, as in the present case, the authorities demand a rigid compliance with all its material requisitions. 1 Mass. Rep. 418.—4 D. & E. 368, King vs. Newcomb & al.
The…
2Cases cited5 opinions
- Inhabitants of Boston v. TilestonMassachusetts Supreme Judicial Court · 1814
- Ely v. ForwardMassachusetts Supreme Judicial Court · 1810
- Hopkins v. HopkinsNew York Supreme Court · 1813
- In re Le ForestiereMassachusetts Supreme Judicial Court · 1807
- Pratt v. PetrieNew York Supreme Court · 1807
3Cited by4 opinions
- Hamblett v. HamblettSuperior Court of New Hampshire · 1833
- Laramie v. Sears, Roebuck & Co.Supreme Court of New Hampshire · 1998
- Meacham v. JonesSuperior Court of New Hampshire · 1839
- Kimball v. AdamsSuperior Court of New Hampshire · 1825