Adams v. Nichols
Supreme Court of Vermont
REPLEVIN, for nine hogs and seven pigs, taken and impounded, on the 7th day of August, 1822, at Burlington. The defendant avowed the taking, &c. and justified as follows : And now the said Samuel Nichols, in Court, by his attorney, comes and defends the force and injury, and well avers the taking, impounding and detaining of the said beasts, to wit, 9 hogs and 7 pigs, because he says, that the said Samuel, long before the said time, when the said beasts are above supposed to…
Read the full summary
REPLEVIN, for nine hogs and seven pigs, taken and impounded, on the 7th day of August, 1822, at Burlington. The defendant avowed the taking, &c. and justified as follows : And now the said Samuel Nichols, in Court, by his attorney, comes and defends the force and injury, and well avers the taking, impounding and detaining of the said beasts, to wit, 9 hogs and 7 pigs, because he says, that the said Samuel, long before the said time, when the said beasts are above supposed to have been taken, impounded and detained, and at the said time, when, &c. was, and yet is, a legal hay ward, in and for…
1Opinion of the Court
*318After argument by counsel, which was confined principally to the supposed insufficiency of the plaintiff’s answer, the opinion of the Court was delivered by
Prentiss, J.
The demurrer, in this case, involves the inquiry, not only whether the plaintiff’s plea is bad, but also whether the defendant’s avowry is substantially defective. If the avowry does not set forth enough to show, that the defendant was justified in taking and impounding the swine, as we all hold it does not, it will be quite useless to examine the plea; for if the defendant has committed the first error, he must fail on his…
2Cited by1 opinion
- State v. FisherSupreme Court of Vermont · 1863