Cate v. Cate
Supreme Court of New Hampshire
Trespass, for taking, &c., the plaintiff's two oxen. The taking was proved. The defendant then proved that on the 7th day of June, 1860, he took the oxen damage feasant in his inclosure in Allenstown, and. impounded them in the common pound of that town, and after certain proceedings sold them at public auction. At this sale the defendant acted as auctioneer.
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Trespass, for taking, &c., the plaintiff's two oxen. The taking was proved. The defendant then proved that on the 7th day of June, 1860, he took the oxen damage feasant in his inclosure in Allenstown, and. impounded them in the common pound of that town, and after certain proceedings sold them at public auction. At this sale the defendant acted as auctioneer. Certified copies of the proceedings in relation to the impounding and the sale, were referred to as showing those proceedings, and as part of the case. The estimate of damages, &c., was seasonably left with the pound-keeper, and the…
1Opinion of the CourtNesmith, J.
This was trespass, for taking, and converting the plaintiff’s oxen, on the 7th day of June, 1860. The defendant filed for his plea the general issue, with a brief statement, under which he justified, alleging, among other things, that he found said oxen in his inclosure in Allenstown, damage feasant ; that he drove them to the common pound in Allenstown, and placed them in the custody of the pound-keeper, and that he then gave due notice of his proceedings, as well to the pound-keeper as to the plaintiff, as the owner of the oxen; that the plaintiff, neglecting, for the space of four days, to…
2Cases cited2 opinions
- Bolles v. ChaunceySupreme Court of Connecticut · 1831
- Morse v. ReedSupreme Judicial Court of Maine · 1848
3Cited by1 opinion
- McBride v. HuckinsSupreme Court of New Hampshire · 1911