Harriman v. Fifield
Supreme Court of Vermont
Replevin for four cows. The defendant 'filed an avowry justifying the taking and detaining of the said cows on the ground that they were taken doing damage in his enclosure ; also alleging in substance that there was no pound in the town of Orange, therefore, he caused them to he impounded in Ms own barn-yard, and that the plaintiff was notified thereof within twenty-four hours, and was notified to appear at the dwelling-house of the defendant within twenty-four hours to…
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Replevin for four cows. The defendant 'filed an avowry justifying the taking and detaining of the said cows on the ground that they were taken doing damage in his enclosure ; also alleging in substance that there was no pound in the town of Orange, therefore, he caused them to he impounded in Ms own barn-yard, and that the plaintiff was notified thereof within twenty-four hours, and was notified to appear at the dwelling-house of the defendant within twenty-four hours to appoint appraisers to appraise the damages done, &c., and that the plaintiff failed to appear at the said dwelling-house…
1Opinion of the Court
Roland, Ch. J.
The plaintiff’s first plea to the defendant’s avowry, alleges that after the defendant had impounded the plaintiff’s cows in his barn-yard, he suffered and permitted them to run at large in the fields and pastures of the defendant, and to escape therefrom into the highways and fields of other persons, where they were retaken by the defendant and placed in his pasture, where they were replevied by the plaintiff. The defendant in his replication to this plea, denies that he suffered said cattle to run at large and escape, as alleged by the plaintiff, and says that on the same day…
2Cited by6 opinions
- Morgan v. KroupaSupreme Court of Vermont · 1997
- Mitchell v. SherrellCourt of Appeals of Tennessee · 1929
- Keith v. BradfordSupreme Court of Vermont · 1866
- Callan v. SetherSouth Dakota Supreme Court · 1913
- Farrar v. BellSupreme Court of Vermont · 1901
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