Stearns v. Dillingham
Supreme Court of Vermont
Book Account. Judgment to account was rendered, and an auditor was appointed, who reported, that the defendant presented an account against the plaintiff, for pasturing his sheep, in reference to which he found the facts as follows.
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Book Account. Judgment to account was rendered, and an auditor was appointed, who reported, that the defendant presented an account against the plaintiff, for pasturing his sheep, in reference to which he found the facts as follows. The parties, in 1842, were occupants of adjoining land, and the plaintiff’s sheep, to the number of two hundred, or over, broke over the division fence which it was the duty of the plaintiff to keep in repair, and depastured upon the defendant’s land for a considerable share of the season. In August the defendant sent word to the plaintiff by one Stanley, who was…
1Opinion of the Court
*627The opinion of the court was delivered by
Bennett, J.
The law is too well settled, to admit of discussion, that, to enable the owner of goods to waive the tort and sue in assumpsit, where they have been wrongfully taken from him, the goods must have been converted into money. The rule is the same, where the trespass consisted in breaking the plaintiff’s freehold and cutting and carrying away the trees standing thereon. The trees must have been sold by the defendant. If, however, in England, the defendant, when sued in assumpsit, elect to bring money into court, under a rule obtained for that…
2Cited by10 opinions
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- Braithwaite v. AkinNorth Dakota Supreme Court · 1893
- Gleason & Field v. L. T. Kinney's AdministratorSupreme Court of Vermont · 1893
- Kidney v. PersonsSupreme Court of Vermont · 1868
- Nelson & Wallace v. GibsonSupreme Court of Vermont · 1916
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