Legal Opinion

Porter v. Aldrich

Supreme Court of Vermont

Decided August 15, 1866PublishedCited by 10 opinions

Trespass for two oxen. The defendant pleaded three several pleas in bar, to all of which the plaintiff demurred specially. The court at the June Term, 1865, POLAND, Ch. J., presiding, pro forma, decided the pleas sufficient, — to which the plaintiff excepted.

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Trespass for two oxen. The defendant pleaded three several pleas in bar, to all of which the plaintiff demurred specially. The court at the June Term, 1865, POLAND, Ch. J., presiding, pro forma, decided the pleas sufficient, — to which the plaintiff excepted. The first special plea set forth, “that one Francis Fisher, of Bos- “ ton, in the state of Massachusetts, before and at the time of com- “ mitting the said supposed trespass, mentioned in the plaintiff’s “ declaration, was lawfully possessed of a certain pelóse, piece or “ parcel of land, with the appurtenance, situate and being in Troy…

1Opinion of the Court

The opinion of the court was delivered by

Peck, J.

This case was argued at the last term of this court upon demurrer to the defendant’s special pleas. Numerous special causes are assigned in the demurrer, but such only need be noticed as are relied on in argument.

The first question is whether the word close, used in the pleas, is such a description of the premises in which the cattle were taken damage feasant, as brings the case within the statute giving the right of impounding, that is, whether the word close is equivalent to the word enclosure used in the statute. The right to impound depends…

2Cited by10 opinions

  1. Morgan v. KroupaSupreme Court of Vermont · 1997
  2. Wilbur v. GrossSupreme Court of Rhode Island · 1936
  3. Peck v. WilliamsSupreme Court of Rhode Island · 1903
  4. Bernhart v. NineSupreme Court of Rhode Island · 1978
  5. Payne v. GouldSupreme Court of Vermont · 1902

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