Edgerton v. Moore
Supreme Court of Connecticut
Action on the statute with regard to fences, (Rev. Stat., tit. 15,) to recover double the value of the repairs of a divisional fence, under the provisions of the 5th section of the act.* [ *601 ] *On the trial of the case to the jury, on the general issue, it was admitted that the fence viewers, at the time alleged in the declaration, gave notice in writing in due form to the defendant, of the insufficiency of the fence, and that the defendant did not, within fifteen days…
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Action on the statute with regard to fences, (Rev. Stat., tit. 15,) to recover double the value of the repairs of a divisional fence, under the provisions of the 5th section of the act.* [ *601 ] *On the trial of the case to the jury, on the general issue, it was admitted that the fence viewers, at the time alleged in the declaration, gave notice in writing in due form to the defendant, of the insufficiency of the fence, and that the defendant did not, within fifteen days thereafter, repair the same. The plaintiffs claimed, and offered evidence to prove, that after the expiration of the…
1Opinion of the CourtSanford, J.
This is an action brought to recover the double value of repairs made by the plaintiffs upon the fence of . the defendant, under the fifth section of the statute concerning fences and common fields. .The question-, reserved for our cónsideration is, whether the proceedings in relation to the sufficiency and value of the repairs made were illegal and void,, because the fence viewers gave to the defendant no notice of their meeting for the examination and valuation of such repairs, and he was not present thereat.
[ *604 ] *It was admitted on the trial that notice of the insufficiency of the…
2Cases cited1 opinion
- Fox v. BeebeSupreme Court of Connecticut · 1855
3Cited by3 opinions
- Guyer v. StrattonSupreme Court of Connecticut · 1861
- Talbot v. BlacklegeSupreme Court of Iowa · 1867
- Millner v. EliasSupreme Court of Connecticut · 1924