Pettit v. May
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Replevin, for a horse. Answer, 1. A general denial. 2. That the horse was taken up while running at large in the ■\ illage of Eort Atkinson, contrary to the village ordinances. 8. That it was taken as an estray. 4. That it was taken while doing damage to defendant’s premises.
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APPEAL from the Circuit Court for Jefferson County. Replevin, for a horse. Answer, 1. A general denial. 2. That the horse was taken up while running at large in the ■\ illage of Eort Atkinson, contrary to the village ordinances. 8. That it was taken as an estray. 4. That it was taken while doing damage to defendant’s premises. The defendant, called as a witness for the plaintiff, testified that he took the horse np about six or half past six, P. M., of the day before the action was commenced; that he knew at the time that plaintiff had owned the horse, and supposed that he then owned it; that…
1Opinion of the CourtDixon, C. J.
The statute (sec. 1, ch. 51, R. S.; 1 Tay. Stats., 793, § 1) provides: “ It shall be lawful for the owner or occupant of any lands to distrain all beasts doing damage within his inclosure; and when any distress shall be made of any beasts doing damage, the person distraining shall keep such beasts in some secure place on his premises or in some public pound in his town, city or village, until his damages shall be appraised; and within twenty-four hours after such distress (unless the same shall be made on Saturday, in which case, before the Tuesday morning following thereafter), .he shall…
2Cases cited3 opinions
- Rockwell v. . NearingNew York Court of Appeals · 1866
- Evans v. SpragueWisconsin Supreme Court · 1872
- Warring v. CrippsWisconsin Supreme Court · 1868
3Cited by13 opinions
- Smith v. SherryWisconsin Supreme Court · 1882
- Kollock v. ParcherWisconsin Supreme Court · 1881
- State v. HoffmanWisconsin Supreme Court · 1942
- Stittgen v. RundleWisconsin Supreme Court · 1898
- Wilcox v. HemmingWisconsin Supreme Court · 1883
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