Mattison v. Turner
Supreme Court of Vermont
Replevin. Pleas, the general issue and a special plea. General and special demurrer to the special plea. Heard at the December Term, 1896, Bennington County, Thompson, J., presiding. The special demurrer assigned as causes that the plea did not allege any notice to the plaintiff of the impounding or of the appraisal of damages or of the hearing upon appraisal or that the beasts were taken doing damage.
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Replevin. Pleas, the general issue and a special plea. General and special demurrer to the special plea. Heard at the December Term, 1896, Bennington County, Thompson, J., presiding. The special demurrer assigned as causes that the plea did not allege any notice to the plaintiff of the impounding or of the appraisal of damages or of the hearing upon appraisal or that the beasts were taken doing damage. The action is general replevin, not the special action against a pound-keeper, and the defendant must show a legal right to detain. Mellen v. Moody, 23 Yt. 674, is, therefore, not in point. Y.…
1Opinion of the CourtStart, J.
This cause was heard on demurrer to the special plea. The plea alleges, among other things, that there was a pound for the impounding of beasts liable to be impounded, in the town of Shaftsbury; that the defendant was the keeper of the pound; that the cattle in question were impounded therein; and that the damages had not been paid at the time the plaintiffs brought this action. The demurrer to these allegations is general and does not reach formal defects therein. By these allegations, the defendant justifies his acts; and he was not bound to show that the act of the impounder, in taking and…
2Cases cited2 opinions
- Dustin v. CowdrySupreme Court of Vermont · 1851
- Williams v. WillardSupreme Court of Vermont · 1851
3Cited by4 opinions
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- Dunbar Et Ux. v. GodboutSupreme Court of Vermont · 1933
- Farrar v. BellSupreme Court of Vermont · 1901
- Morgan v. KroupaSupreme Court of Vermont · 1997