Moore v. Robbins
Supreme Court of Vermont
This was an action of trover for nine sheep, appealed from the judgment of a justice. The taking was admitted by the defendant. The defendant then adduced testimony tending to prove that the sheep in question were taken by the defendant’s hired man, on the last day of April, 1834, about noon of the day, from the defendant’s mowing lot, and shut up in defendant’s barn ; the defendant being out at work on his farm, half a mile from home.
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This was an action of trover for nine sheep, appealed from the judgment of a justice. The taking was admitted by the defendant. The defendant then adduced testimony tending to prove that the sheep in question were taken by the defendant’s hired man, on the last day of April, 1834, about noon of the day, from the defendant’s mowing lot, and shut up in defendant’s barn ; the defendant being out at work on his farm, half a mile from home. He returned about two o’clock afternoon, and was informed plaintiff’s sheep were in the barn. The next morning about seven o’clock the defendant started with…
1Opinion of the Court
*367The opinion of the court was delivered by
Williams, Ch. J.
— The queston in this case is, whether the taking the sheep in question was unlawful, or whether defendant has made himself a trespasser ah initio, by his neglecting to comply with the requisition of the law in this behalf. In either case, trespass or trover may be maintained. The plaintiff relies upon two principles to maintain this action, as contained in his request to the court to charge the jury, to wit: That proper notice was not. given to him of the impounding the sheep, and that the defendant was not justified in keeping them in…
2Cited by7 opinions
- Gibson v. HolmesSupreme Court of Vermont · 1905
- Morgan v. KroupaSupreme Court of Vermont · 1997
- Bond v. WilderSupreme Court of Vermont · 1844
- Holden v. TorreySupreme Court of Vermont · 1859
- Keith v. BradfordSupreme Court of Vermont · 1866
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